WorldWideScience

Sample records for antitrust laws

  1. Confidence in Anti-Trust Laws

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Cooperation between Chinese and U.S. anti-monopoly enforcers is helping China improve its laws to encourage free competition china and the United States signed a memorandum of understanding regarding cooperation in antitrust and anti-monopoly investigations in Beijing on July 27. China’s National Development and Reform Commission (NDRC), Ministry of Commerce (MOFCOM) and State Administration for Industry and Commerce (SAIC) signed the document with the U.S. Department of Justice and Federal Trade Commission (FTC).

  2. 32 CFR 644.542 - Application of anti-trust laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Application of anti-trust laws. 644.542 Section... PROPERTY REAL ESTATE HANDBOOK Disposal Sale Procedure § 644.542 Application of anti-trust laws. The Federal... tend to create or maintain a situation inconsistent with the anti-trust laws. Prior to obligating...

  3. Joint Research and Development under US Antitrust and EU Competition Law

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust...... establishment, and how this can be developed by reviving the concept of the ‘innovation market’....

  4. "Law v. National Collegiate Athletic Association": A Guide To How Courts Will Treat Future Antitrust Challenges to NCAA Regulations.

    Science.gov (United States)

    Leduc, Marc R.

    1999-01-01

    Examines the application of antitrust law to National Collegiate Athletic Association (NCAA) rules and regulations through an analysis of the Tenth Circuit's decision in "Law v. National Collegiate Athletic Association." Suggests that the "Law" decision provides a useful framework for the analysis of future antitrust challenges to NCAA rules and…

  5. A dose of competition : EU antitrust law in the pharmaceuticals sector

    NARCIS (Netherlands)

    Sauter, W.; Hancher, Leigh

    2015-01-01

    In the pharmaceuticals sector there is an inherent tension between intellectual property rights and antitrust. This paper examines this tension over the past 10 years since modernisation of EU competition law. It looks at three types of problems: (i) restrictions on parallel imports; (ii) abuse of a

  6. Impact of the antitrust laws on the commercialization of solar heating and cooling

    Energy Technology Data Exchange (ETDEWEB)

    Gross, J.

    1979-06-01

    Many energy industry observers and solar equipment producers view the commercialization of solar technologies as an opportunity to undermine the dominance now enjoyed by energy companies and electric utilities. Whether their hopes will be realized depends on Congress' posture towards interenergy diversification (which is currently permissive), DOE's spending practices (which have, in the past, been relatively insensitive to competitive consequences), and ultimately, the Supreme Court's willingness to aggressively enforce the antitrust laws (which is not unlikely, given recent holdings). Notwithstanding the legislative and administrative branches' tacit compliance with entrenched firms' involvement in the various solar energy submarkets, injured business persons and consumers (as well as the Department of Justice and the Federal Trade Commission) have the opportunity to force the controversy onto the judiciary by bringing suit under the antitrust laws against companies allegedly displaying anti-competitive market practices. The interchangeability between end uses of renewable and nonrenewable energy resources creates opportunities and motives for market manipulation. Consequently, the potential of energy firms for facilitating solar technology development (due to technological knowledge, managerial expertise and capital resources) must be weighed against the possibility that their involvement will, in the long run, retard development. 356 references.

  7. An inquiry into the causes for the multiple goals of the United States Antitrust Law from a historical perspective

    Institute of Scientific and Technical Information of China (English)

    Han Tie

    2006-01-01

    It is not the case as Robert Bork claims that the U.S.antitrust law had only one goal-maximization of consumer welfare of efficiency-at the very beginning and should have been kept that way for its later development.Partly because of the fighting among different interest groups as well as spokesmen of different regions at the 51 st Congress,the Sherman Antitrust Act came out as a legislation with multiple goals,which were also taking shape under the influence of the Republican idea of balance of power,the liberal belief in property rights,the freedom of contract of classic economics,and the price theory of neoclassic economics.In more than a hundred years after that,the U.S.antitrust law has shifted the center of its goals as a result of the change of regulatory regimes with different emphases such as market function,economic stabilization,social concern,and economic efficiency during different periods.From a historical perspective,it is beyond dispute that the U.S.antitrust law has had multiple goals instead of only one.

  8. A regra-matriz de incidência antitruste para condutas anticoncorrenciais Content and logical structure of the article 20 of statute 8.884/94 (antitrust law

    Directory of Open Access Journals (Sweden)

    Marcel Medon Santos

    2008-06-01

    Full Text Available Característica marcante do direitoda concorrência éa interdisciplinaridade. Nas análises de condutas lesivas à ordem econômica, existe a necessidade de aplicação do direito sobre um suporte fático geralmente composto por fatos econômicos. Por essa razão, a evolução doutrinária e jurisprudencial da matéria aponta um aprofundamento da utilização da ciência econômica na identificação jurídica das condutas anticoncorrenciais. No entanto, no atual estágio de evolução dos estudos da matéria no Brasil, verifica-se pouca clareza a respeito dos papéis e dos níveis de atuação de cada disciplina. Este artigo procurará facilitar essa visualização, dissecando a estrutura lógica da norma jurídica de direito concorrencial para repressão a condutas lesivas à ordem econômica, identificando os critérios que a compõem e permitindo, com isso, a localização dos termos que viabilizam a utilização do instrumental econômico na tarefa de dizer o direito nos casos de condutas anticoncorrenciais.A striking feature of antitrust law is its interdisciplinarity. The analysis of anticompetitive conducts generally requires the implementation of law on a factual support composed of economic facts. Therefore, the development of doctrine and case law indicates a deepening of the use of economic science in the legal identification of anticompetitive conducts. However, in the current stage of the studies in Brazil, there is little clarity regarding the roles of the law and the economics in this task. This article seeks to make this viewing easier, dissecting the logical structure of the brazilian antitrust legal standard for anticompetitive conduct, identifying the criteria that compose it, and allowing thereby the location of the terms that enable the use of economic instruments and legal prudence in the analysis of anticompetitive conducts.

  9. Essays in antitrust economics

    NARCIS (Netherlands)

    Verouden, V.C.H.M.

    2001-01-01

    Competition law - or antitrust law, as it is called in the United States - is a field of law to which economic concepts, such as "restriction of competition" and "anti-competitive effect", are of central importance. This thesis analyses a number of such concepts, both from an economic and a legal pe

  10. Environmental protection and antitrust laws. Principles of the law on competition in the area of environment-protection-related corporate communication in the Single European Market. Umweltschutz und Wettbewerbsrecht. Wettbewerbsrechtliche Prinzipien umweltbezogener Unternehmenskommunikation im europaeischen Binnenmarkt

    Energy Technology Data Exchange (ETDEWEB)

    Federhoff-Rink, G.

    1994-01-01

    The idea of environment protection has become a dominating motif in advertising. As yet there are no guiding principles in antitrust law which might provide some orientation in assessing environment-protection-related advertising. The purpose of the present book is to systematise this environmental advertising by creating case groups distinguished by legally relevant characteristics and set up principles of antitrust law for these case groups. The author presents a holistic communicational approach new to antitrust law which for the first time permits incorporating environmental sponsoring in this sphere of law. The informational duties on which this work centers are in harmony with the specific information principle of European environmental policies and promote the convergence of different prevailing trends in international commercial law. (orig.)

  11. Physicians, unions, and antitrust.

    Science.gov (United States)

    Hirshfeld, E B

    1999-01-01

    The increasing consolidation of our healthcare delivery systems and the concomitant push for perceived efficiencies, speed, and profits has laid the foundation for a renewed interest in unionization by many physicians. This Article analyzes the barriers to such unionization that are posed by the antitrust laws, and provides an analysis of how to proceed with unionization without violating those laws. The Article also analyzes the current status of physician ability to unionize, and surveys the present status of physician unions.

  12. US Antitrust Move has Google fighting on Two Fronts

    OpenAIRE

    Petit, Nicolas

    2012-01-01

    Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade Commission is starting its own antitrust inquiry.

  13. Obstacles and Interpretations pertinent to Theoretical Clarifications for Application of the Antitrust Law in Banking Industry%障碍与释疑:反垄断法适用于银行业的理论澄清

    Institute of Scientific and Technical Information of China (English)

    刘乃梁

    2016-01-01

    法律适用的明晰是开展法律规制实践的必要前提。虽然反垄断法的适用障碍表现出法律效力的“自我否定”倾向,但是这种制度设计源于对行业发展规律和合理规则方法的尊重。伴随市场经济的发展和管制行业的开放浪潮,反垄断法适用障碍具有主客观两方面的消弭倾向,其适用范围不断扩张。市场化进程的推进使得作为垄断性行业的银行业逐渐回归市场竞争的发展本质,“新型”的反垄断规制和“传统”的金融规制也会因此产生此消彼长的态势转变。《反垄断法》适用于银行业的实然逻辑在于既有法律规则范畴下的解释合法性、银行业市场发展演变的行业合理性以及我国反垄断规制发展脉络下的可期待性。%The application of law should be specific, which is the necessary premise for implementation of legal rules. Although there are applicable obstacles in the antitrust law which tend to be“self-denial” of the legal effect, this systemic design aims to respect development principles of the industry and reasonable plan methods. With development of the market economy and open waves for supervisory industries, applicable obstacles in the antitrust law tend to disperse both subjectively and objectively with expanded scope of appli-cation. The market-oriented process gradually drives the banking industry of monopoly back to the nature of market competition. The “innovated” antitrust regulations and the “traditional” financial regulations will be transformed alternatively. The actual logic for the Antitrust Law to be applied in the banking industry lies in the reasonableness of interpretations in the present context of legal rules, the reasonableness of market evolve-ment of the banking industry and the expected path for development of antitrust rules in our country.

  14. 75 FR 16178 - Antitrust Division

    Science.gov (United States)

    2010-03-31

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--Joint... Director of Operations, Antitrust Division. BILLING CODE 4410-11-M...

  15. Antitrust Policy and Environmental Protection

    OpenAIRE

    Shigeru Matsumoto; Hajime Sugeta

    2007-01-01

    We examine the effects of antitrust policy (the prohibition of a input price discrimination) when an emission tax is used for environmental protection. We show that antitrust policy reduces pollution emission and improves social welfare. Therefore, antitrust policy contributes to environmental protection.

  16. Antitrust in Open Economies

    NARCIS (Netherlands)

    J.F. François (Joseph); H. Horn

    2006-01-01

    textabstractWe examine antitrust rules in a two county general equilibrium trade model, contrasting national and multilateral (cooperative) determination of competition policy, exploring the properties of the policy equilibrium. It is not imperfect competition, but variation in competitive stance be

  17. Antitrust and affiliations among healthcare providers: the need for a level playing field.

    Science.gov (United States)

    Heightchew, A

    1997-01-01

    Under pressure to remain competitive in the rapidly changing healthcare industry, policy leaders and healthcare administrators face the challenge of resolving antitrust matters arising from the creation of innovative healthcare provider affiliations. Although guidance from the Federal Trade Commission (FTC) is available, development of new affiliations is hindered due to contradictory rulings and ambiguous guidelines. Provider associations are further disadvantaged by a federal act granting insurance companies antitrust exemption, which enables insurance companies to affiliate more easily. Current antitrust regulations create unequal market powers, resulting in the development of inefficient systems. Softening antitrust laws in favor of provider-sponsored healthcare affiliations will provide for the flexibility necessary for effective healthcare reform.

  18. Monopoly, monopsony, and market definition: an antitrust perspective on market concentration among health insurers.

    Science.gov (United States)

    Hyman, David A; Kovacic, William E

    2004-01-01

    James Robinson uses the Herfindahl-Hirschman Index (HHI) to compute the concentration of commercial health insurance markets in most of the states during the past four years. The HHI is the analytical foundation for the federal antitrust merger guidelines, so we consider his findings from an antitrust perspective. Market concentration provides an important benchmark for antitrust analysis, but it does not, standing alone, indicate the presence of problematic (anticompetitive) behavior or a problem that antitrust law can solve. Even if it did, there are major problems in treating individual states as discrete insurance markets. Unless the market is correctly defined, any analysis of market concentration is thoroughly unreliable.

  19. Probing Feasibility of Antitrust Law to China's Petroleum Industry%我国石油行业适用反垄断法的可行性探讨

    Institute of Scientific and Technical Information of China (English)

    丁国峰; 刘红

    2012-01-01

    石油行业易利用手中的资源垄断权和行业管制权实施排除、限制竞争行为,石油业的反垄断呼声日益高涨。反垄断法的合理适用有利于改善石油业的管理体制,推动石油业的产业化、市场化经营,促进石油业的安全、高效、自由发展,强化对石油消费者利益的保护,以及实现石油业对我国整体社会福利的提升等方面都具有重要作用。因此,应突破石油业垄断行为规制的困境,明确界定我国石油行业适用反垄断法的具体范围与环节。%The Petroleuma industry is apt to take advantage of its rights of resources monopoly and industry control to eliminate or restrict competition, so antitrust in the oil industry is growing louder and louder. Reasonable application of the antitrust laws to the oil industry has several advantages: first, it can improve the management system of the oil industry second, it can promote the industrialization, and market-oriented operation of the oil industry. Then, it can promote the safe, efficient and free development of this industry, and strengthen the protection of the interests of oil consumers. At last, it also helps to realize the role the oil industry in improving China's overall social welfare. Therefore, we should break the plight of the regulation of monopolistic behavior in the oil industry, and clearly define the specific scope and aspects in the application of the Antitrust Law in China's oil industry.

  20. Recent Trends in Antitrust Enforcement

    Directory of Open Access Journals (Sweden)

    Mario Siragusa

    2015-10-01

    Full Text Available This article intends to discuss a selection of the most relevant features of the most recent trends in antitrust enforcement. Firstly, anticompetitive signalling will be addressed: its assessment depends on the kind of information provided. Where such information is of public knowledge or is very well known by the market participants, signalling should not be deemed as anticompetitive. Secondly, the Power Cable case has raised for the first time various problematic issues, such as the possibility to impose parental liability on a purely financial investor, even where the presumed direct infringer would have been able to pay the fine. This appears to be irreconcilable with the objectives for which the case law on parental liability has been elaborated. Thirdly, as to the concept of restriction of competition by object, it is argued that the Intel case does not disavow the principles established in Cartes Bancaires. Indeed, the finding of a violation and the different methodology applied in the first case are only due to its specific factual circumstances. Finally, the nouvelle vague of the case law on the anticompetitive abuse of rights has led to two opposite approaches, one at the EU and the other at the Italian level. The first one, based on the finding of objective circumstances, is perfectly consistent with existing EU case law, while the second, exclusively focused on the exclusionary intent, seems to be in sharp contrast with it. The hope is that the Court of Justice will intervene to resolve this contradiction.

  1. 78 FR 17431 - Antitrust Division

    Science.gov (United States)

    2013-03-21

    ... January 2, 2013 (78 FR 117). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. BILLING...) of the Act on July 30, 2001 (66 FR 39336). The last notification was filed with the Department on... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  2. 77 FR 54611 - Antitrust Division

    Science.gov (United States)

    2012-09-05

    ... on June 8, 2012 (77 FR 34067). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division... Section 6(b) of the Act on June 30, 2000 (65 FR 40693). The last notification was filed with the... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  3. 15 CFR 1160.4 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ...) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Promotion of Private Sector Industrial Technology Partnerships § 1160.4 Antitrust considerations. The Department of Commerce will offer no opinion on the antitrust merits of the formation of any industrial...

  4. Anti-Trust

    Institute of Scientific and Technical Information of China (English)

    HUYONG

    2005-01-01

    In 1993, China promulgated a law against unfair competition, which has served as a basic package of rules for the nation to maintain the normal order of market competition. Though there are clauses and articles in other existing laws that concern policies for competition, no exclusive law against monopolistic competition has yet been hammered out.

  5. Economic Liberalization and Antitrust in México Economic Liberalization and Antitrust in México

    Directory of Open Access Journals (Sweden)

    Mark D. Williams

    1995-03-01

    Full Text Available Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms. Accordingly, the agency initiated a vigorous program of traditional antitrust enforcement, including merger oversight and investigations of hoth horizontal and vertical business activities.The theoretical framework proposed in this paper suggests that dedicating resources to traditional antitrust enforcement may not be an appropriate policy for a liberalizing economy. Instead. the agency should devote its resources to competition advocacy - especially during Mexico's transition to a more open economy - and limit its enforcement activities to nambiguously anticompetitive horizonral restraints on competition. Traditional antitrust enforcement, especially against business activities with ambiguous anticompetitive effect, may simply encourage producer interest groups to lobby other government agencies for protection. This protection will be counterproductive to the goals of liberalization and may often be more anticompetitive than the cure.Qualitative evidence suggests that the Federal Competition Commission has allocated its resources toward its competition advocacy role by challenging government-generated barriers to entry, growth and exit. These resources are expected to have greater returns in terms of economic reform than do traditional antitrust enforcement efforts, We conclude that conventional antitrust enforcement should he relegated to mature developed economies alld that competition advocary he emphasized for economies in transition. Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms

  6. 78 FR 17430 - Antitrust Division

    Science.gov (United States)

    2013-03-21

    ... pursuant to Section 6(b) of the Act on April 4, 2003 (68 FR 16552). The last notification was filed with... Section 6(b) of the Act on March 23, 2012 (77 FR 17095). Patricia A. Brink, Director of Civil Enforcement... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  7. Relevance of federal antitrust statutes to clinical practice.

    Science.gov (United States)

    Satiani, Bhagwan

    2003-06-01

    With the advent of Medicare prospective payment systems, health care entities and physicians were forced to decrease expenses by sharing services and to increase revenue by attempting to jointly negotiate better reimbursement from third- party payers. Both activities have raised the specter of prosecution under antitrust laws that have been with us for more than a century but are poorly understood by practicing physicians. Recent monopolistic activities in the health care arena have prompted the Federal Trade Commission to file actions under specific acts of Congress, eg, the Sherman Anti-Trust Act, Clayton Act, Federal Trade Commission Act, Robinson-Patman Act, and Celler-Kefauver Act. Inasmuch as it is likely that specialties such as vascular surgery as a business will undergo substantial transformation, physicians need to be aware of the severe civil and criminal sanctions imposed if they are found guilty; fines that are several times actual damages; activities that raise antitrust issues including utilization review, medical staff privileges for competing specialties, participating provider agreements, and predatory pricing; and affirmative defenses and relief available in terms of specific exemptions. As health care providers react, innovate, and adjust to stay solvent, their business strategies will surely continue to be scrutinized for antitrust behavior by federal and state officials. The physician must have a basic understanding of the groundrules that govern any contemplated business strategy so that common pitfalls may be averted.

  8. Antitrust concerns in the modern public utility environment

    Energy Technology Data Exchange (ETDEWEB)

    Meeks, J.E. [Ohio State Univ., Columbus, OH (United States). Coll. of Law

    1996-04-01

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society`s primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy.

  9. NRC antitrust licensing actions, 1978--1996

    Energy Technology Data Exchange (ETDEWEB)

    Mayer, S.J.; Simpson, J.J.

    1997-09-01

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC`s competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC`s antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission`s Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission`s antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC`s antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs.

  10. Mercantilism, Corporations, and Liberty: The Fallacies of ‘Lochnerian’ Antitrust

    Directory of Open Access Journals (Sweden)

    James Rolph Edwards

    2009-07-01

    Full Text Available Progressive legal theorist Daniel Crane has argued that libertarians who believe that monopoly results from government intervention should accept antitrust law because the monopoly problem is a result of state government passage of General Incorporation Acts after the Civil War. The resulting corporate consolidation and control of industry necessitated federal antitrust law as a corrective. Crane has all of this wrong. State permission for incorporation was an ancient tool of mercantile grants of monopoly still in practice by state legislatures in the early 19th century, and the General Incorporation Acts were a major expression of a successful Jacksonian antimonopoly policy.

  11. Revised antitrust guidelines. Forming physician network joint ventures.

    Science.gov (United States)

    Anderson, K R

    1997-02-01

    What do physician executives need to know about antitrust guidelines? This article presents an overview of the revised "Statements of Antitrust Enforcement Policy in the Health Care Area," released in late 1996. Antitrust concepts and implicated federal statutes are described, and implications for forming physician network joint ventures are explored. Requirements of the revised standards used by the agencies to determine a permissible integration are addressed, as well as the factors considered in antitrust scrutiny of physician ventures.

  12. Reputational penalties to firms in antitrust investigations

    NARCIS (Netherlands)

    Broek, van den S.; Kemp, R.G.M.; Verschoor, W.F.C.; Vries, de A.

    2012-01-01

    We estimate the impact of legal penalties imposed on Dutch listed firms targeted by competition authorities from 1998 to 2008 on a firm's stock market value. On average, firms lose 2.3 percent of their market values when an antitrust investigation is uncovered. This corresponds to a total value loss

  13. Mergers, Strategic Investments and Antitrust Policy

    NARCIS (Netherlands)

    D. Deneffe (Daniel); P.P. Wakker (Peter)

    1996-01-01

    textabstractEstablished firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can

  14. Mergers, strategic investments and antitrust policy

    NARCIS (Netherlands)

    P.P. Wakker; D. Deneffe

    1996-01-01

    Established firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can induce estab

  15. Special report on antitrust. Part One: Antitrust constraints on the creation and operation of joint ventures.

    Science.gov (United States)

    Enders, R J

    1988-02-01

    In a few areas of the country the phrase "health care joint venture" is still almost unknown. In most areas, however, such ventures are becoming common, and in many parts of the country there is truly a plethora of joint venture activity in the industry. The antitrust treatment of the formation and operation of these affiliations is therefore an area of increased concern for industry executives. This first of a two-part series for the Newsletter will describe the general framework for an antitrust evaluation of a joint venture. Next month's article will discuss specific situations.

  16. Need-Based Educational Aid Act of 2015 (Public Law 114-44)

    Science.gov (United States)

    US Congress, 2015

    2015-01-01

    The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

  17. 48 CFR 245.7310-8 - Antitrust clearance.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Antitrust clearance. 245.7310-8 Section 245.7310-8 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM... Antitrust clearance. When property with an acquisition cost of $3 million or more is to be sold, include...

  18. Joint ventures e a política antitruste brasileira Joint ventures and Brazilian antitrust policy

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.The antitrust policy is an essential part of the required institutions that support economic growth and the seeking for more efficient arrangements. This paper aims to examine the Brazilian antitrust policy, paying special attention to way that the authorities deal with the joint ventures. In order to reach this goal, we review the theoretical contributions, discuss the procedures adopted by international antitrust authorities and, more importantly, scrutinize the cases of joint ventures judged by the Brazilian watchdog along period 2002-2010. We conclude that there are not specific norms to be applied by the Brazilian antitrust commissionaires when they are judging joint ventures, allowing them to act with a relatively degree of discretion.

  19. Teaching Merger Law Through In-Class Simulations

    OpenAIRE

    Spencer Weber Waller

    2015-01-01

    I am convinced that there are effective ways to introduce more simulations, role playing, active learning, and a greater air of reality to teaching antitrust law. Spencer Weber Waller (Loyola University Chicago School of Law)

  20. Judicial Review of Antitrust Decisions: Q&A

    Directory of Open Access Journals (Sweden)

    Roberto Giovagnoli

    2015-07-01

    Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.

  1. THE ITALIAN WAY TO ANTITRUST JUDICIAL REVIEW: A FEW ODDITIES OF THE PFIZER CASE

    Directory of Open Access Journals (Sweden)

    Cristoforo Osti

    2014-12-01

    Full Text Available The note deals with the Pfizer case, where the pharmaceutical company was condemned for an abuse of dominant position relating to otherwise lawful patent practices which, in the Authority's representation, had delayed without merit entry by generic producers. The note takes this opportunity to comment on the system of judicial review of the Italian Competition Authority's antitrust decisions, comparing it with the equivalent system at the EU level. The note also reviews more in-depth the judgment with reference to both those areas where the Court decided to take a specific position and in those where it omitted doing so.

  2. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  3. Concetto di mercato e antitrust (The concept of the market and antitrust

    Directory of Open Access Journals (Sweden)

    P. Sabbatini

    2013-10-01

    Full Text Available In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the market depends on its structure and on the behaviour of its agents. Second, given differentiated products, the competitive relations between them will be heterogeneous, giving rise to as many market segments as there are individual products. Third, supply-side substitutability, i.e. the possibility of using a given technique to produce several products (not all in the same market ensures that intra-industry economic dynamics prevail over intra-market ones. Finally, multi-market contacts between firms generate overall strategic conduct, making analysis of any particular market irrelevant.  JEL Codes: K21, L40Keywords: Competition, Market, Antitrust, Elasticity of demand, Supply-side substitutability

  4. Going once, going twice, reported! Cartel activity and the effectiveness of antitrust policies in experimental auctions

    NARCIS (Netherlands)

    Hinloopen, J.; Onderstal, S.

    2014-01-01

    We experimentally examine the effectiveness of antitrust policies against bidding rings in the English auction (EN) and the first-price sealed-bid auction (FP). We consider both traditional antitrust policy (without a leniency program) and modern antitrust policy (with a leniency program). In EN, ne

  5. Antitrust and hospital mergers: does the nonprofit form affect competitive substance?

    Science.gov (United States)

    Greaney, Thomas L

    2006-06-01

    Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context in which these institutions operate is never far from the surface, it takes issue with the proposal to cabin merger doctrine so as to deny the significance of nonprofit status in merger analysis. Given the dynamic change in the regulatory climate and heterogeneity of local health care markets, it advises courts not to accept the FTC's preemptive standard regarding the significance of hospitals' nonprofit status and keep open the possibility of fashioning new presumptive rules tailored to more complete economic accounts of nonprofit firm behavior.

  6. United States, Europe and Poland Different Stages of Antitrust Tying War in the New Economy

    Directory of Open Access Journals (Sweden)

    Mariusz SWORA

    2006-06-01

    Full Text Available Microsoft’s case has led to heated debates, both in Europe and the United States of America, on the abuse of the dominant position and on the prohibition of tying. This discussion, both in Europe and the United States, is not finished. In this article the author presents legal implications of tying products in Europe and Poland and confronts them with the American approach to tying. In Poland, a country with a fast developing economy, with the growing level of foreign investments, discussion on monopolist practices under the conditions of a fast technological development1 has not really commenced yet. The problems of innovation and development of New Economy undertakings has gained new impetus following Poland’s accession to the European Union. It is a matter of time when the anti-trust law begins to show interest in them. There are some indications that this has already taken place. In the first part of this article the author briefly presents the discussion related to Microsoft III case in the United States insofar as it pertains to New Economy issues. The second and third parts address legal and political aspects of the Microsoft case in the European Union. In the fourth part legal aspects related to tying practices in Poland are presented. The article aims to show that instrumental and mechanical treatment of tying practices used by firms having the market power under conditions of technological progress is not proper. The problem of antitrust analysis of such practices is universal, as universal as these practices are. However, the problem is solved differently in the United States and in Europe and the reasons for such a different approach are rooted in the legal system and policy enforcement. Microsoft antitrust is global. After US and European cases, Korean competition authority has found Microsoft guilty of tying practices2. Regarding Microsoft problems with tying it is necessary to ask the question whether tying practices are

  7. APPEAL, NON-APPLICATION, JUDICIAL REVIEW ON THE ACTS OF THE PUBLIC ADMINISTRATION FOR ANTITRUST PURPOSES (NOTES TO THE CONSIGLIO DI STATO - ITALIAN SUPREME ADMINISTRATIVE COURT - JUDGMENT, SEC. VI, NO. 693/2014

    Directory of Open Access Journals (Sweden)

    Hadrian Simonetti

    2014-12-01

    Full Text Available In the effort of reconcile protection of competition and intellectual property rights, with particular reference to the pharmaceutical sector, the Pfizer case deals with legitimate patent instrumentally exercised for a purpose other than that for which it was granted. What would be a legitimate administrative measure under Italian Patent Law, combined with other conducts, in the context of a complex strategy designed to artificially delay the entry of new generic drugs competitors, is considered an excluding abuse, violating antitrust rules. If the Italian Competition Authority (ICA explicitly referred to the abuse of regulatory procedure theory applied by the EU Commission in AstraZeneca case and endorsed by ECJ, the Council of State judgment, applying as in the Coop Estense case the broader and disputed category of the “abuse of right”, represents a further development in antitrust enforcement and is expected to bring back as central issue the topic of the judicial review on the exercise of antitrust power and, with it, the recurring fear that the guarantees of defence cannot always be sufficient. The article examines this new frontier of antitrust law, with specific regard to the case of abuse of dominant position by abusing of regulations and administrative measure, showing the different remedies at disposal of the Italian Competition Authority.

  8. Alcuni recenti orientamenti interpretativi in tema di intersection fra PI e Antitrust

    Directory of Open Access Journals (Sweden)

    Gustavo Ghidini

    2015-10-01

    Full Text Available Recent decisions of the European Court of Justice (Astrazeneca and Italian Antitrust Authority (Pfizer suggest that even the mere acquisition – as distinguished from the exercise – of a patent (as any other IPR may amount to a misuse if the achievement thereof runs in contrast with the rules governing its entitlement; and, if the patent owner enjoys a dominant position, such patent misuse may translate into an abuse of said position under art. 102 TFEU. Cases of this type must be clearly distinguished from those where the patent has been legitimately/regularly obtained, and its holder exercises the ‘institutionally excluding’ related power against unauthorized third parties. In such cases, antitrust law comes in not to enforce a properly ‘abusive’ conduct, but to correct an objective market situation which has grown ‘excessively’ foreclosing competition – and this, thanks to the very success of the patent. A situation, and a legal solution, which bears a strong analogy of rationale with the one envisaged by art. 2597 of Italian civil code. Thus, that of ‘abuse’ is a general normative tool that is used both to adjudicate anti-competitive torts (as in the first case and to regulate an objective ‘close to monopoly’ situation occurred without any wrongdoing by the patent holder.The distinction is confirmed by the consequences. On one side, as in Astrazeneca and Pfizer, the patent holders are sanctioned (and their patent or CCP is subject to annulment; no compensation whatever of the patentee is thinkable. On the other side, in the case of the regular acquisition and intrinsically legitimate exercise of the IPR competition law imposes a duty to license it on FRAND terms: i.e., with compensation of the patent holder, fully retains his entitlement. Here, self-evidently, the patent holder has behaved lawfully -otherwise a compensation would be unthinkable! The ‘abuse’ may properly occur ex post, i.e. only if the holder

  9. “Standard Essential Patents” Infringement and Antitrust Defense on Compulsory Licensing under EU Law-An Analysis of“Huawei v.ZTE” Case%欧盟法“标准必要专利”侵权与反垄断强制许可抗辩--以“华为诉中兴”案为研究的切入点

    Institute of Scientific and Technical Information of China (English)

    王徽; 李晓郛

    2015-01-01

    欧盟法下“滥用市场支配地位”抗辩如何运用于“标准必要专利”侵权之诉的问题在“华为诉中兴”案中得到了充分体现。鉴于目前德国的“橘皮书标准案”规则自身存在不足,且其与欧盟法规则存在潜在冲突。再加之欧盟法目前尚缺乏足够明确且具有约束力的相关判例,故本案极具代表性和研究价值。本案中极可能诞生新的欧盟法规则,且这将对欧盟法“标准必要专利”侵权与反垄断强制许可抗辩问题产生重要的影响。建议新规则采取分步适用的做法,从而细化《欧盟运行条约》第102条在“标准必要专利”滥用市场支配地位方面的适用。除此之外,结合特定的政策考量,欧盟法规则对于完善我国在该领域的立法、执法和司法制度均具有良好的参考价值。%The issue on how to apply the “abuse of market dominance”defense to the al eged“standard essential patents” infringement under the EU law has been raised in “Huawei v.ZTE”.Whereas the current German “Orange Book Standard” rule has its own shortcomings and is potential y in conflict with the EU rules and the EU law stil lacks binding and clear rules concerning the raised disputes, this case is representative and of high research value.The new EU rules may be created from this case, and it wil have critical influence to“standard essential patents” infringement and antitrust defense on compulsory li-censing.It is suggested that the new rule should adopt a three-fold test so as to specializing how Art.102 of the Treaty on the Functioning of the European ap-plies to the abuse of dominant market positions of “standard essential patents”. Moreover, combining specific policy considerations, the EU rule is also a useful reference for improving China’s legal system as to the same topic.

  10. Antitrust Analysis of Institutional Arrangements for Professional Sports Leagues%职业体育联盟制度安排的反垄断法分析

    Institute of Scientific and Technical Information of China (English)

    陈秀莲

    2011-01-01

    The professional sports league originated in Western countries. With the further deepening of the market economy, a number of institutional arrangements for professional sports leagues are inevitable regulated by anti-trust law, therefore, institutional arrangements for professional sports league must consider antitrust issue, and consider the differences of institutional environment of living, trying to avoid the antitrust litigation of professional sports leagues.%职业体育联盟起源于西方发达国家,随着市场经济的进一步深入,职业体育联盟的一些制度安排不可避免的受到反垄断法的规制,所以,职业体育联盟制度安排必须考虑反垄断法问题,考虑职业体育联盟生存的制度环境的差异性,尽量规避职业体育联盟的反垄断诉讼.

  11. Interpreting the 1996 federal antitrust guidelines for physician joint venture networks.

    Science.gov (United States)

    Hirshfeld, E

    1997-01-01

    The Statements of Antitrust Enforcement Policy in Health Care, issued by the FTC and the DOJ, dramatically change how the agencies evaluate physician joint venture networks. This article analyzes the Statements, providing useful guidance to the health lawyer.

  12. Antitrust analysis of supermarkets: global concerns playing out in local markets

    OpenAIRE

    Cotterill, Ronald W.

    2006-01-01

    This paper reviews the basic components of antitrust analysis for the supermarket industry, including definition of product and geographic markets and the measurement of market power. The analysis of prices and profits in a market structure context remains important, especially in countries such as Australia with very high supermarket concentration. Firm and brand level New Empirical Industrial Organisation models of demand and oligopoly pricing also provide insights for evaluating antitrust ...

  13. Joint ventures e a política antitruste brasileira

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.

  14. 知识产权滥用的矫正机制论纲——以反垄断法为视角%Study on the System of Correction of the Abuse of Intellectual Property Rights———From the Perspective of Antitrust Law

    Institute of Scientific and Technical Information of China (English)

    李丹

    2015-01-01

    The abuse of intellectual property rights has been a serious damage to the market competition order and it damages the interests of our country in international trade. Intellectual property law can not restrain the destructive effects of abuse on the competition because of its own private law property, and the anti monopoly law can remedy the defect in the view of public law. In correcting mechanism on anti monopoly law can clear intellectual property rights and the exercise of the position in the main restrict competition behavior and the legal and illegal boundaries on the basis of three main areas: prohibition of abuse of dominant market position in the field according to the power of binary method and application of essential facility doctrine and power exercise; it is forbidden to limit horizontal competition and competition of vertical restrains respectively analysis the effect on competition of joint restrict competition in the field; merger control in key areas of the huge commercial value of intellectual property rights on the market share , market into the impact of barriers and economic efficiency. It should strive to maintain the order of competition in the market as well as improve the effect of intellectual property system.%滥用知识产权的垄断行为已经严重破坏我国市场竞争秩序, 损害我国在国际贸易中的利益. 知识产权法由于自身的私法属性无法遏制滥用行为对竞争带来的破坏性影响, 而反垄断法恰能以公法的角度弥补该缺陷. 在矫正机制模式的选择上, 反垄断法可以基于其三大基本领域明确知识产权及其行使在主要限制竞争行为中的地位及其合法与非法的界限: 禁止滥用市场支配地位领域遵循权力存在与权力行使二分法以及关键设施理论的运用; 禁止联合限制竞争领域分为横向限制竞争与纵向限制竞争分别分析其对竞争的影响效果; 控制企业合并领域重点分析知识产权巨大

  15. McCormack v. National Collegiate Athletic Association: College Athletics Sanctions from an Antitrust and Civil Rights Perspective.

    Science.gov (United States)

    Bhirdo, Kelly W.; And Others

    1989-01-01

    As a penalty for violations, the NCAA cancelled SMU's football program for 1987 and limited the 1988 season. An alumnus filed a class action alleging antitrust violations of price-fixing and group boycott. Issues of antitrust standing, violation and state action, and the court's handling of these issues are discussed. (Author/MLW)

  16. 45 CFR 30.3 - Antitrust, fraud, exception in the account of an accountable official, and interagency claims...

    Science.gov (United States)

    2010-10-01

    ... Justice returns a referred claim to the Department for further handling in accordance with parts 31 CFR... 45 Public Welfare 1 2010-10-01 2010-10-01 false Antitrust, fraud, exception in the account of an... AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION General Provisions § 30.3 Antitrust,...

  17. Recent developments in antitrust: challenges to medical autonomy.

    Science.gov (United States)

    Miller, R D

    1989-01-01

    Once exemptions from antitrust scrutiny were removed, economic arguments have proved effective in dissolving the hegemony formerly held by psychiatrists over the provision of mental health services. A growing number of courts, legislatures, and insurance companies have been persuaded by psychologists that they can provide at least comparable services at lower costs than psychiatrists. The fact that psychotherapy is less obviously a "medical" procedure than surgery or other physical treatments has facilitated the establishment of the psychologists' position. After these gains, there are indications that other mental health providers will follow the paths established by psychologists. Cost-containment efforts in the mental health care industry, particularly through health maintenance organizations, have already led to increased utilization of nondoctoral providers for initial screening services, and psychiatrists have even filed countersuits alleging restraint of their trade through the exclusive use of lower-cost providers (State Medical Society of Wisconsin v. Schweiker et al., 1982). With the clear message from many courts and legislatures that profession will no longer serve to distinguish among mental health providers, it appears that the validity of psychiatrists' assertions that independent practice by nonmedical mental health professionals will result in lower quality of care for patients will be tested in the marketplace, with peer review and tort litigation serving as the barometer by which that quality will be measured. And, as other nonmedical professionals establish their credentials through licensure and recognition by consumers, we can expect that they will also seek recognition of their capacities to provide (and be reimbursed for) professional services through the courts. With this greater access to consumers of mental health care will also come, of course, greater public scrutiny and greater risk of malpractice liability.

  18. More competition law-FRANDly IPR policies

    DEFF Research Database (Denmark)

    Kokoulina, Olga; Minssen, Timo

    2016-01-01

    of competition law and intellectual property (IP) in a way which allows this Schumpeterian insight concerning innovation economics to be applied consistently. So far it has often been argued that equating intellectual property rights (IPRs) to conventional property rights in the course of antitrust assessment...... constitutes a proper approach which encourages methodological consistency. However, some examples of ongoing litigation concerned with the exercise of the FRAND_encumbered standard essential patents (SEPs) leave the impression that competition authorities might be departing from this approach and moving...... rise to related claims that many existing SSO policies are not strong or clear enough to achieve this goal. But what is the meaning and effect of this message conveyed to SSOs? This article aims to provide further clarification as to the proper role of antitrust law in shaping and informing originally...

  19. 76 FR 21894 - Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations...

    Science.gov (United States)

    2011-04-19

    ... 83-87, 110-11. \\16\\ See, e.g., Christine A. Varney, Assistant Attorney Gen., Antitrust Div., U.S. Dep... may approve ACOs that meet certain eligibility criteria, including (1) A formal legal structure that... structure that includes clinical and administrative processes; (3) processes to promote...

  20. Private regulation to appropriate value from design innovations : Implications for anti-trust policy

    NARCIS (Netherlands)

    Gemser, G; Jacobs, D

    2002-01-01

    Co-operative ventures among rivals are looked upon in general with suspicion by antitrust authorities. In this paper, we position ourselves in the school of thought that evaluates collusive behavior among rivals with the Schumpeterian concept of dynamic competition in mind rather than the concept of

  1. Competition Law and High-Tech Markets : Conventional Antitrust Thinking Revisited?

    NARCIS (Netherlands)

    Ilan, Y.

    2007-01-01

    Knowledge-based industries, often labelled 'high-technology' or 'new economy' have grown in economic significance over the past few decades and have dramatically changed our living standards. These markets typically possess a range of common characteristics, most notably globalisation of businesses,

  2. ASSEMBLED PRODUCTS: THE KEY TO MORE EFFECTIVE COMPETITION AND ANTITRUST OVERSIGHT IN HEALTH CARE.

    Science.gov (United States)

    Sage, William M

    2016-01-01

    This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector's long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned a billing code, even if they do little to help patients. Instead of further entrenching weakly competitive parties engaged in artificial commerce, antitrust enforcers and regulators should work together to promote the sale of fully assembled products and services that can be warranted to consumers for performance and safety. As better products emerge through innovation and market entry, competition may finally succeed at lowering medical costs, increasing access to treatment, and improving quality of care.

  3. A Few Thoughts about ACO Antitrust Issues from a Local Enforcement Perspective.

    Science.gov (United States)

    Foote, Kathleen E; Varanini, Emilio E

    2015-08-01

    Accountable care organizations (ACOs), joint ventures of commercial insurers and various groups of medical providers such as physicians, specialists, and hospitals whose development in California has been quickened by the Affordable Care Act, carry with them both promise and pitfalls. On the positive side of the ledger, ACOs may improve the quality of medical care even as they lower the costs of that care. On the negative side of the ledger, ACOs may lead to a gain in market power for their participations, allowing those participants to increase the prices they charge to commercial insurers. It is thus a key question for antitrust enforcers to figure out how to separate the sheep from the goats. This article, representing our personal views as state antitrust enforcers in the California attorney general's office, offers our reflection on a number of ACO articles and studies in this special issue through the prism of this key question and sets out a number of additional issues that we believe warrant study in conjunction with ACOs.

  4. 49 CFR 1331.5 - Additional standards for retaining antitrust immunity by passenger bus industry rate bureaus.

    Science.gov (United States)

    2010-10-01

    ... immunity by passenger bus industry rate bureaus. 1331.5 Section 1331.5 Transportation Other Regulations... standards for retaining antitrust immunity by passenger bus industry rate bureaus. (a) Rate bureaus must... tariff structure modifies in a relatively non-uniform fashion the relationship between most...

  5. The Interface Between EU Competition Law and Standard Essential Patents

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    2015-01-01

    In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents...... would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper....

  6. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2014-01-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  7. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2015-02-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  8. 专利主张实体(PAE)的反垄断应对%The View from the Antitrust Law

    Institute of Scientific and Technical Information of China (English)

    胡向宏; 韩伟

    2015-01-01

    PAE的日益活跃在全球引起广泛关注,法学方面的讨论也从知识产权法扩展到反垄断法.以美国为代表的部分反垄断司法辖区更是高度重视PAE专利运营活动带来的问题.目前来看,PAE的专利交易和权利主张活动并未对传统反垄断法分析框架带来实质性挑战,也未出现PAE专属的新型排除、限制竞争行为,基于PAE这一主体维度设计特殊的反垄断规则并无必要.PAE与其他主体应平等适用反垄断法,执法部门应基于PAE拥有的特殊能力与动机,结合个案环境具体评估PAE实施的特定行为所带来的竞争影响.

  9. A economia das firmas cooperadas e a análise antitruste*

    Directory of Open Access Journals (Sweden)

    Luiz A. Esteves

    2015-12-01

    Full Text Available Resumo A literatura econômica tem despendido décadas de esforço analítico para fornecer evidências teóricas e empíricas acerca das diferenças de comportamento entre as firmas gerenciadas pelo capital (firmas capitalistas convencionais e firmas gerenciadas pelo trabalho (inclui as cooperativas e associações de profissionais, principalmente no que diz respeito aos seus objetivos. As firmas capitalistas convencionais objetivam a maximização dos lucros, enquanto que as firmas cooperadas objetivam a estabilidade do emprego e do produto. A política antitruste tem replicado o mesmo tratamento despendido às firmas capitalistas convencionais para os casos envolvendo as firmas cooperadas. Tal decisão pode aumentar a probabilidade de ocorrências de erros do tipo I e do tipo II. Esse problema se torna menor quando os casos envolvem "falsas cooperativas". Em termos de política pública, a conclusão do presente artigo é de que uma concentração ou coordenação entre cooperados de fato ou profissionais não é, per se, condição necessária e suficiente para causar dano concorrencial. As especificidades destes tipos de organizações demandam análise específica e a aplicação da regra da razão. Finalmente, o artigo fornece uma proposta de filtro para distinção entre firmas cooperadas de fato e de cartéis disfarçados de cooperativas.

  10. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  11. Confinement of the antitrust control of abuse in the energy sector. At the same time comment to OLG Duesseldorf from 19th October, 2011. Reference VI-3 Kart 1/11 (V) - GAG Ahrensburg; Grenzen der kartellrechtlichen Missbrauchskontrolle im Energiebereich. Zugleich Anmerkung zu OLG Duesseldorf v. 19.10.2011. Az. VI-3 Kart 1/11 (V) - GAG Ahrensburg

    Energy Technology Data Exchange (ETDEWEB)

    Weyer, Hartmut [Technische Univ. Clausthal, Clausthal-Zellerfeld (Germany)

    2012-10-15

    Up to the amendment of the Energy Economy Law (EnWG) 2005 the legislator permitted parallel applicability of the Energy Economy law as well as the Restriction of Competition (GWB) to energy situations. Based on the GWB, especially in procedures by competition authorities key decisions on the reliable behaviour of operators of power distribution systems and natural gas distribution systems were disposed. This approach was restricted by the amendment of the EnWG 2005 with the introduction of paragraph 111 EnWG. In compliance with this, this restriction was implemented in paragraph 130 sect. 3 GWB. From now on, paragraph 111 Sect. 1 and 2 EnWG exclude the antitrust control of abuse according to the paragraphs 19, 20 and 29 GWB. With this, the competence of the cartel authorities are excluded in favour of the regulatory legal prescriptions of the EnWG.

  12. Competition Law and IP Rights in Pharmaceuticals and Biotechnology (forthcoming)

    DEFF Research Database (Denmark)

    Lundqvist, Björn; Minssen, Timo; Pierce, Justin

    , the misuse of courts (or vexatious litigation) and, in general, the pharma companies alleged misuse of the regulatory system will be scrutinized. In addition, the growing phenomena co-marketing, co-promotion and co-branding will be analysed from an antitrust perspective. The parallel trade case law under EU.......g. on pricing and whom to supply and license, and not to supply and license. In practice the rules involve complicated assessments of, for example, market power and market effects. Therefore, pharma companies may find the lines between the legal and the illegal licensing practices and life cycle management...... of practitioners, researcher and students alike. It will address important competition law issues that arise where IP rights are acquired and utilised in Europe. It will contain a comprehensive analysis of EU case law, EU legislation and European Commission notices. A comparison will also be made with developments...

  13. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  14. 76 FR 67025 - Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating...

    Science.gov (United States)

    2011-10-28

    ... with the final rule issued today by the Centers for Medicare and Medicaid Services (``CMS'') under Section 3022 of the Affordable Care Act (the Patient Protection and Affordable Care Act, Public Law 111-48... on which the Patient Protection and Affordable Care Act was enacted. Second, because the...

  15. Professional Sports Market Structure and Antitrust Issues%职业体育市场结构及其反垄断问题研究

    Institute of Scientific and Technical Information of China (English)

    魏鹏娟

    2013-01-01

    In view of the monopoly situation of professional sports market, it is necessary to explicitly incorporate professional sports to antitrust adjustment range, clear the basic principles and exemption scale of professional sports antitrust and accelerate professional sports management system reform.%  针对我国职业体育市场的垄断态势,有必要将职业体育运动明确纳入反垄断法调整范围,明确职业体育反垄断法的基本原则和豁免尺度,加快职业体育管理体制改革。

  16. 反垄断视角下低碳技术领域的“疑似垄断行为”分析%Analysis of the Suspected Monopolistic Behavior for Low Carbon Technology under the Perspective of Antitrust

    Institute of Scientific and Technical Information of China (English)

    胡允银; 邓艺; 高玉梅

    2012-01-01

      Among all of the efforts combating climate change, technology innovation and technology transfer are the foundation and key support to cope with climate change. This article first discusses low carbon technology market, and then from the different perspectives of European Union law and the United States law, provides an overview on patented carbon sequestration technologies, Smart Grid standard setting, and patent pools such as the Eco Patent Commons and Green X-change. This research shows that most of the collaboration on low carbon technology occurred to date should be shielded from antitrust.%  应对气候变化的诸多努力之中,技术创新和技术转让是应对气候变化的基础和支撑。首先探讨了低碳技术市场力量,然后从欧盟法律和美国法律的不同视角对碳捕获技术许可、发展中的智能电网标准设定、生态专利共享池、绿色交换池等疑似垄断行为进行反垄断分析。研究指出,当前应对气候变化领域中的低碳专利技术合作大部分不应当受到反垄断谴责。

  17. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

    This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property r...

  18. Teoria da adequação econômica da conduta: significado econômico da conduta em face da tutela penal antitruste

    OpenAIRE

    Luiz da Silva, Ivan

    2009-01-01

    Essa tese tem por objetivo o desenvolvimento da teoria da adequação econômica da conduta no direito penal econômico. Vale-se de uma abordagem interdisciplinar abrangendo a Economia, o direito econômico e o direito penal. Para alcançar o desiderato a investigação analisou a intervenção do direito penal em face da atividade econômica e, em especial, os fundamentos da tutela penal antitruste, para fins de estabelecer os contornos teóricos necessários à aplicação das premissas fund...

  19. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  20. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  1. Article 27 of Competition Law and What Lies Beneath

    Directory of Open Access Journals (Sweden)

    Perdana A. Saputro

    2011-09-01

    Full Text Available This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”. One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.

  2. Competição, colusão e antitruste: estimação da conduta competitiva de companhias aéreas

    Directory of Open Access Journals (Sweden)

    Frederico Araujo Turolla

    2006-12-01

    Full Text Available A política antitruste tem sido cada vez mais considerada como relevante mecanismo de promoção do bem-estar econômico em mercados oligopolísticos recentemente liberalizados. O objetivo do presente trabalho é o de promover, por meio de modelo estrutural empírico, uma investigação de um suposto comportamento de coordenação de preços por parte das companhias aéreas na Ponte Aérea Rio de Janeiro - São Paulo. A metodologia utiliza um parâmetro de conduta, relacionado com a abordagem da Nova Organização Industrial Empírica, e assim concentra-se nos efeitos das práticas colusivas, tendo por isso a vantagem de não depender de evidências de conluio, como a existência de comunicação prévia entre as empresas envolvidas. Os resultados obtidos com a modelagem empírica utilizando-se um estimador em duas etapas (Two-Step Estimator indicam que não há bases para se rejeitar a hipótese de que as empresas mantiveram uma conduta não-cooperativa no mercado, ao contrário do que recentemente decidiram as autoridades de defesa da concorrência brasileiras.Antitrust policy has been increasingly considered as relevant mechanism of economic welfare promotion in recently liberalized oligopolistic markets. The purpose of this paper is to develop a structural model, in order to investigate alleged price coordination by the airlines on the air shuttle route Rio de Janeiro - São Paulo. By making use of a conduct parameter, based on the New Empirical Industrial Organization approach, it was possible to focus on the effects of the formation of an alleged cartel instead of relying on evidence of collusion such as previous communication between the involved companies. Results achieved using a Two-Step Estimator indicated no basis for rejecting the hypothesis that firms kept non-cooperative conduct in the market, contrary to recent decision by the Brazilian antitrust authorities.

  3. 高科技时代专利池许可的反垄断法规制研究%The Research on Antitrust Regulation of Patent Pool License in High-tech Area

    Institute of Scientific and Technical Information of China (English)

    韩其峰

    2014-01-01

    believes that the best way to solve problems is using the antitrust law to regulate the patent pool licensing reasonably. It can not only protect the technology innovation, but also encourage competition, guide the market economy into a good orbit, and it’s a hot topic in IT industry too. Common Law system and Civil Law system always pay attention to this issue in a high degree of enthusiasm and have accumulated rich experience in the long-term legal practice.This article will deeply analyze the anti-trust law regulation in patent pool license in the U.S. and EU,then absorb or discard them according to China's national conditions, and ultimately put forward a series of rationalization proposals for Chinese government’s decision.

  4. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  5. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  6. lawstat: An R Package for Law, Public Policy and Biostatistics

    Directory of Open Access Journals (Sweden)

    Wallace Hui

    2008-01-01

    Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

  7. Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

    2013-11-01

    The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

  8. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  9. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  10. Democratic contract law

    OpenAIRE

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will be that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However,...

  11. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  12. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  13. On Boolean Stable Laws

    CERN Document Server

    Arizmendi, Octavio

    2012-01-01

    We determine which Boolean stable law is freely infinitely divisible and which is not. Some positive Boolean stable laws and a mixture of them have completely monotonic densities and they are both freely and classically infinitely divisible. Freely infinitely divisible Boolean stable laws and the corresponding free stable laws are non trivial examples whose free divisibility indicators are infinity.

  14. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  15. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  16. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  17. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  18. Power laws, Pareto distributions and Zipf's law

    OpenAIRE

    Newman, M E J

    2004-01-01

    When the probability of measuring a particular value of some quantity varies inversely as a power of that value, the quantity is said to follow a power law, also known variously as Zipf's law or the Pareto distribution. Power laws appear widely in physics, biology, earth and planetary sciences, economics and finance, computer science, demography and the social sciences. For instance, the distributions of the sizes of cities, earthquakes, solar flares, moon craters, wars and people's personal ...

  19. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  20. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  1. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  2. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  3. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  4. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  5. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  6. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  7. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  8. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  9. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  10. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  11. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  12. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  13. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  14. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  15. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

    A voluminous literature seeks to explore the relation between law and finance, but offers little insights into dynamic relation between legal change and behavioral outcomes or about the distributive effects of law on different market participants. The current paper disentangles the law-finance relation by using disaggregate data on banks’ lending patterns in 12 transition countries over a 8 year period. This allows us to control for country level heterogeneity and differentiate between differ...

  16. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  17. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

    Full Text Available This article explores the relationship between violence, law and borders by analyzing both the violence at the borders and the violence of the borders. In both cases, the author states that violence exerted by means of law, as well as migratory and asylum policies, threaten the universal human rights of the most vulnerable people and cannot be seen as exercising the legitimate monopoly of force, resulting in the destruction of the Rule of Law.

  18. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  19. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  20. Learning the Law

    OpenAIRE

    Engel, Christoph

    2004-01-01

    Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work form social scientists on learning.The paper makes the following claim: typically the law reaches its addres...

  1. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  2. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  3. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  4. Thinking law: thinking law in motion

    OpenAIRE

    Laura Beth Nielsen

    2014-01-01

    This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1) multiple methodologies; (2) multiple perspectives; (3) multiple vocalities; and (4) multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can cla...

  5. 76 FR 63659 - Antitrust Division

    Science.gov (United States)

    2011-10-13

    ... Cooperative Research and Production Act of 1993; Network Centric Operations Industry Consortium, Inc. Notice... Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), Network Centric Operations... Analyses, Alexandria, VA; Center for Netcentric Product Research, East Hartford, CT; Vector Planning...

  6. 75 FR 70031 - Antitrust Division

    Science.gov (United States)

    2010-11-16

    ... branding program based upon distinctive trademarks to create high customer awareness of, demand for, and... Consulting Corp., Miami Beach, FL; Mobiata, Ann Arbor, MI; AOl Marketing, Minneapolis, MN; eNett... interoperability and/or certification tests; (iv) administer or subcontract testing services; (v) create and...

  7. 77 FR 38831 - Antitrust Division

    Science.gov (United States)

    2012-06-29

    ...--Bluetooth Sig, Inc. Notice is hereby given that, on May 30, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), Bluetooth SIG, Inc. has... the Delaware non-stock, non-profit standards development organization is Bluetooth SIG, Inc.,...

  8. Price abuse monitoring under paragraph 29 of the Law Against Restraints on Competition; Die Preismissbrauchskontrolle nach paragraph 29 GWB

    Energy Technology Data Exchange (ETDEWEB)

    Koleva, Raliza

    2013-08-01

    Written against the backdrop of criticism levelled at paragraph 29 of the Law Against Restraints on Competition (GWB) the present study undertakes a critical discussion of this legal norm along with questions and points of criticism that have been raised in its context in the literature and case law. It first addresses the central question as to whether paragraph 29 GWB conforms to the stipulations of European law and the German constitution. It then expounds the system behind paragraph 29 GWB, making a detailed examination of the individual elements of the offences covered by the regulation while giving thorough consideration to existing case law on instruments of price abuse monitoring that have been used to date under cartel law. A further focus of the present study is on the question as to what circumstances a supply company under suspicion of price abuse may claim in attempting to justify significant differences that have been found to exist between its own prices and those of a comparable company. This aspect is of great practical relevance in lawsuits concerning price abuse under cartel law, since the option of demonstrating justification is the most important line of approach for supply companies under suspicion of price abuse in attempting to fend off such allegations. Based on an analysis of past practice of the German Federal Cartel Office and the antitrust courts the author undertakes to determine a scale for assessing the costs which the responding supply company can claim in its defence. Finally she endeavours to methodologically capture the price limit concept, making proposals for its practical application with due consideration to the findings that have transpired from the study.

  9. [Law 6/84: "an inappropriate law"].

    Science.gov (United States)

    Barroco, L E

    1994-01-01

    The intervention of Dr. Luis Elmano Barroco was evaluated at a meeting on March 19, 1994, on the topic of the state of abortion after 10 years of the new abortion law. Some aspects of the law of 1984 are characterized as inappropriate and inadequate because of the experience of the maternity ward of Dr. Alfredo da Costa. It was expected that in the wake of the publication of the law, official health care institutions would provide services for termination of pregnancy in accordance with legal indications. However, a survey carried out by the Association for Family Planning in July 1993 revealed that more than 50% of hospitals did not perform abortions because of the inexistence of specialized services or lack of resources or on grounds of conscientious objection. Even a revision of the abortion law does not take into consideration the fact that before 12 weeks of gestation it is difficult to precisely confirm grave lesions or the physical and psychological state of health of the pregnant woman which could be potentially life threatening. It was not taken into account either that it is impossible to diagnose definitively chromosomal aberrations, severe diseases, and fetal malformation before the 16th week. The law did not contemplate the prevailing socioeconomical conditions either that lead to clandestine abortion with high morbidity and mortality from cervical lesions, uterine perforation, infections, sepsis, and salpingitis. Prenatal diagnosis for eugenic abortion can be carried out by cytogenetic analysis of the amniotic fluid and ecography, but such diagnosis probably amounts to only 30-40% of risk cases in the whole country. A recent study by the Johns Hopkins University indicated that the chance of survival of a child born before 24 weeks is nil, therefore the limit of induced abortion should be extended to the 24th week to facilitate diagnosis of possible genetic abnormalities.

  10. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  11. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…

  12. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

    Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.

  13. Information Law and Copyright.

    Science.gov (United States)

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  14. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  15. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  16. Lotka's Law Revisited.

    Science.gov (United States)

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  17. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  18. The law and neuroscience.

    Science.gov (United States)

    Gazzaniga, Michael S

    2008-11-06

    Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

  19. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  20. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation (a

  1. Women and Law

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    WOMEN’S rights concern the world over. Even though China has a different legal tradition and social system, participants from the Beijing Sino-British Women and Law Symposium discovered that both Chinese and foreign scholars could reach agreement and understanding on many issues. Enacting Laws for Women Professor Yang Dawen, from the

  2. The new development of U. S. antitrust policy on patent pool and its impacts on China%美国专利池反垄断政策的新发展及其对我国的影响

    Institute of Scientific and Technical Information of China (English)

    詹映

    2011-01-01

    以飞利浦CD—R专利池案的最终裁决以及美国司法部和联邦贸易委员会联合发布的《反垄断执法与知识产权:促进创新与竞争》报告为标志,美国针对专利池的反垄断政策近年来开始由相对宽松变得更为宽容,甚至走向纵容,不仅摒弃了国际公认的“公平、合理、非歧视”的专利许可原则,对专利费率不再加以限制,而且允许专利池进行强制性一揽子许可,在专利池反垄断审查中仅采“合理原则”而排除适用“当然违法原则”。此外,美国对于专利池中非必要专利的认定标准也发生了变化。受此影响,作为国际专利池的主要许可对象,我国企业将更难抵御专利池的专利费盘剥和强制性一揽子许可,在美国发起专利池反垄断诉讼的难度将进一步增大。这一影响在我国无锡多媒体诉DVD3C专利池一案在美国屡遭驳回的裁决结果中已初现端倪,我国加快建立和完善符合本国利益的专利池反垄断制度显得更为紧迫。%In recent years, the antitrust policy on patent pool of the United States is becoming looser ever than before, when the policy has become more tolerant since 1995. The United States not only abandon the internationally recognized principle of "fair, reasonable, and nondiscriminatory" (FRAND), and impose no restrictions on licensing royalty rates of patent pool, but also a- gree compulsory package licensing and only apply "rule of reason" and exclude "per se role" in the antitrust review of patent pooh. In addition, the U.S. courts have changed the identification rule of "non - essential patent" in the pool. Affected by a- bove sitution, as the major international patent lx~ol licensees, Chinese enterprises will be more difficult to resist the patent pool royalty exploitation and compulsory package licensing. The difficulty for filing an antitrust lawsuit in U.S. will also be ine~ase. The

  3. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  4. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  5. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  6. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  7. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  8. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  9. Anomalous law of cooling.

    Science.gov (United States)

    Lapas, Luciano C; Ferreira, Rogelma M S; Rubí, J Miguel; Oliveira, Fernando A

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  10. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  11. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  12. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

    If a system is not disturbed (or invaded) by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

  13. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  14. The Arbitrbility of Antitrust Disputes in China:from a Comparative Law Perspective%从比较法的角度论我国反垄断争议的可仲裁性

    Institute of Scientific and Technical Information of China (English)

    杜新丽

    2008-01-01

    众所周知,可仲裁性的实质与公共政策相关,可仲裁性问题归根结底属于公共政策的范畴,一项争议依据某国既定法律能否提交仲裁程序解决取决于该国法律所确定的公共政策。缘于反垄断法是自由企业的大宪章(the Magna Carta of Free Enterprise),其对维护经济自由与企业制度的重要性如权利法案保护民众基本权利的重要性,由反垄断法产生的争议与市场竞争利益密切相关,更与国家管理市场、维护竞争秩序的公共政策息息相关;

  15. 试析国际反垄断法在WTO规则体系中的构建%A Trial Analisis of Constructing international Anti-Trust Law in WTO Rules System

    Institute of Scientific and Technical Information of China (English)

    石俭平

    2002-01-01

    进出口卡特尔、跨国公司滥用市场支配地位等跨境垄断行为的损害后果随着经济全球化的进程日益突现出来,传统的国内反垄断法在这方面的规制已显不足,因而需要进一步制定国际反垄断法.本文将主要论述国际反垄断法在WTO规则体系中构建的原因及作者对具体框架的一些初步构想.

  16. Health Law: Notifiable diseases

    Directory of Open Access Journals (Sweden)

    Gastón Casaux

    2014-07-01

    Full Text Available This work made up the ultimate Health Law, latest new law branch from older date in the whole world but recently appearance in our country. As usual in other cases, we increase one of de most relevant events: the endless number of diseases that we advise obligatory, because they have been regulated for consecutive by-laws en the codex from 1946, 1958 and 2004. Since 2012 in order of the successful transformations in the modern technology with the change of rules in our order-law, it was necessary to recall their contents and we achieve in order of the promulgation the decree number 41/12 dated in February 16. In the second chapter we analyse one of the most bothersome contents: the diseases becoming from the food habitudes (named eia´s, whatever we considered a real significance for the common of the citizens and consumers, because they prevail notoriously in the human health.

  17. Bullying Policies and Laws

    Science.gov (United States)

    ... Policies & Laws | Español Search Stopbullying.gov WHAT IS BULLYING Definition The Roles Kids Play Other Types of Aggressive Behavior CYBER BULLYING What is Cyberbullying? Prevent Cyberbullying Report Cyberbullying WHO ...

  18. Causal Newton Gravity Law

    CERN Document Server

    Zinoviev, Yury M

    2012-01-01

    The equations of the relativistic causal Newton gravity law for the planets of the solar system are studied in the approximation when the Sun rests at the coordinates origin and the planets do not iteract between each other.

  19. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... as the target language primarily focus on terms, but students also need to write the remainder of the texts in factually and linguistically correct English. It is therefore important to have a sound theoretical foundation before embarking on a dictionary project that aims to help law students communicate...... by containing the types of data that can best satisfy the needs of students at the three stages of legal text production: draft writing, revising and editing. The theoretical aspects discussed are supported by examples from the online CISG Dictionary, which is a lexicographic tool developed to help Danish law...

  20. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  1. Law Enforcement Plan

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — The Union Slough National Wildlife Refuge Law Enforcement Plan clarifies U.S. Fish and Wildlife enforcement policies as they apply to the Refuge. It provides...

  2. Anomalous law of cooling

    OpenAIRE

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Oliveira, Fernando A.; Rubí, J. Miguel

    2014-01-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergo a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature ma...

  3. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  4. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  5. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does compar

  6. Consequences of Lotka's Law for the Law of Bradford.

    Science.gov (United States)

    Egghe, L.

    1985-01-01

    After discussion of the equivalency of the information laws of Bradford, Leimkuhler, Lotka, and Mandelbrot, aberrations from Leimkuhler's law (including "Groos droop" as encountered in practice) are studied. Other aberrations of Leimkuhler's law are explained, starting from generalization of verbal formulation of Bradford's Law. (18 references)…

  7. On the Law in The Law of Life

    Institute of Scientific and Technical Information of China (English)

    黄婷

    2016-01-01

    This article discussed the two main laws in the novel, The Law of Life, written by the famous American realistic writer Jack London. The laws discussed in this article are Social Darwinism and Fatalism. By discussing those two laws, the article tries to look into the philosophy of life that Jack London trying to reveal in the novel.

  8. A Law and Economics View on Harmonization of Procedural Law

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2010-01-01

    textabstractAbstract Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonization of law, very little has been written on harmonization of procedural law as such. In this paper I first provide a brief overview of the economic approach to legal

  9. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  10. Fractal probability laws.

    Science.gov (United States)

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

    We explore six classes of fractal probability laws defined on the positive half-line: Weibull, Frechét, Lévy, hyper Pareto, hyper beta, and hyper shot noise. Each of these classes admits a unique statistical power-law structure, and is uniquely associated with a certain operation of renormalization. All six classes turn out to be one-dimensional projections of underlying Poisson processes which, in turn, are the unique fixed points of Poissonian renormalizations. The first three classes correspond to linear Poissonian renormalizations and are intimately related to extreme value theory (Weibull, Frechét) and to the central limit theorem (Lévy). The other three classes correspond to nonlinear Poissonian renormalizations. Pareto's law--commonly perceived as the "universal fractal probability distribution"--is merely a special case of the hyper Pareto class.

  11. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    Table of Contents: The Author List of Abbreviations General Introduction Chapter 1. General Background Chapter 2. Definitions and Notions Chapter 3. Historical Background Chapter 4. Role of Government Institutions in the Shaping and Administration of Labour and Industrial Relations Policy Chapter 5....... Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays...... 9. Inventions by Employees Chapter 10. Settlement of Disputes Part II. Collective Labour Relations Chapter 1. Trade Union Freedom Chapter 2. Trade Unions and Employers’ Associations Chapter 3. Institutionalised Relations between Employers and Employees Chapter 4. Collective Bargaining Chapter 5...

  12. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

    Full Text Available The article deals with the legal treatment of hardship(change of circumstances in Bulgarian law trying to show where it stands in comparison with other legislations (Germany, England, USA and international legal instruments (Unidroit Principles on International Commercial Contracts and Principles of European Contract Law. An overall picture of the different approaches to hardship is concisely presented. Hardship prerequisites and effects are analyzed with a stress on specific problems identified in some recent Bulgarian court decisions. Attention is drawn to certain. concepts and reasoning in other legal systems that may be helpful to Bulgarian theory and practice when dealing with hardship cases.

  13. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  14. The Principle of Proportionality and Discretion of EU Antitrust Commitment:argument on Alrosa%论欧盟反垄断承诺的比例原则与自由裁量权

    Institute of Scientific and Technical Information of China (English)

    周显志; 朱伟光

    2014-01-01

    承诺制度作为欧盟反垄断执法的一个重要工具,主要的优势体现比一般裁决更快地恢复市场竞争以及节约执法成本。而这种便捷的背后也带来一定的局限性,不用实际去发现侵权行为和通过“谈判和解”的方式可能会降低反垄断执法的威慑力,同时也赋予了欧盟委员会广泛的自由裁量权,使得执法产生任意性和范围的模糊性等问题。通过构建自由裁量权的合理性内核,在内容上考虑“比例性原则”以及“损害原则”的影响,使得救济的选择具有合理性和必要性,完善了承诺制度的架构。%Commitment as an important tool of the EU antitrust enforcement, the main advantages are considered speedier than formal sanctions (prohibition or infringement decisions) in restoring normal competitive market conditions and with lower enforcement cost.There are several limitations in the commitment decision, not only without actually to discover the antitrust behaviour and by“negotiating” way may reduce the deterrent effect, but also gives the Commission with extensive discretion, which may cause the ambiguity and arbitrariness.In order to construct discretion of commitment, it should consider the effect of “principle of proportionality” and “principle of harm”, and that lead to the remedy with more rationality and necessity, so it could perfect the commitment system.

  15. Imunidade antitruste às Ações Governamentais no contexto da desregulação do setor de telecomunicações: uma análise a partir do julgamento do caso VU-M pelo CADE

    Directory of Open Access Journals (Sweden)

    Deborah Batista Caixeta

    2014-05-01

    Full Text Available Propósito – O objetivo deste ensaio é examinar a postura adotada pelo CADE com relação às medidas regulatórias adotadas pela ANATEL na fixação do valor de interconexão de rede (VU-M, sob a perspectiva da State Action Doctrine no contexto da desregulação do setor de telecomunicações. Metodologia/abordagem/design – O texto propõe uma abordagem relativa às teorias de desregulação do setor de telecomunicações e o impacto que as decisões da autoridade antitruste de isenção concorrencial possuem neste movimento, a partir da análise do caso VU-M recentemente julgado pelo CADE. Resultados – A concessão de isenções antitruste pelo CADE ainda parece seguir a tradicional aplicação da State Action Doctrine centrada na teoria regulatória do interesse público e, consequentemente, a extrema confiança na atuação da agência acaba dificultando o processo de desregulação, principalmente no setor de telecomunicações, notadamente marcado pela antiga estrutura regulatória oligopolista. Implicações práticas – Busca-se, por meio desta análise crítica, oferecer uma abordagem introdutória que possa ser aplicada posteriormente para rediscutir os limites de aplicação da lei de defesa da concorrência a situações acobertadas por medidas regulatórias setoriais. Originalidade/relevância do texto – O ensaio identifica os elementos que se aplicam na dinâmica de interação entre regulação concorrencial e a regulação setorial, a ponto de permitir que a tradicional estrutura de aplicação das normas de concorrência a estes setores possa ser redesenhada para incorporar os objetivos perseguidos pelo movimento de desregulação, no caso, do setor de telecomunicações.

  16. Free movement of companies under company law, tax law and EU law

    DEFF Research Database (Denmark)

    Neville, Mette; Sørensen, Karsten Engsig

    2001-01-01

    Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible....

  17. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  18. 标准必要专利权人禁令救济行为的反垄断法规制%Antitrust Regulation on Injunctive Relief of SEPs

    Institute of Scientific and Technical Information of China (English)

    杨忆林

    2016-01-01

    SEP ( standard essential patent ) holders has the right to apply for injunctive relief , but the exercise of this right should be regulated moderately .There are three main paths could be chosen to regulate this problem:the United States mode , Ger-many and the European Union modes .Our country , on the base of learning foreign advanced mode , has formed a law regulation sys-tem based on the anti -monopoly law .Our country also makes many explorations in legislation , enforcement , judicial and achieves great achievement .But there are still some problems , such as understanding of patent hijacked“reverse” is not enough , lack of the licensee "goodwill"standard and related law need to be perfected .%标准必要专利权人有权申请禁令救济,但这项权利的行使应当受到适度规制。具体规制路径的选择中具有代表性的主要有三种:美国模式、德国模式和欧盟模式。我国在积极学习域外代表模式的基础上形成了以反垄断法为框架结合FRAND原则考量的禁令救济规制模式,并在立法、执法、司法方面进行了诸多探索且取得了一定的成果,但仍存在对于“反向专利劫持”认识不够、缺乏认定被许可人“善意”的标准和相关法条完善的局限性。

  19. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

    In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

  20. Around the circular law

    CERN Document Server

    Bordenave, Charles

    2011-01-01

    These expository notes are centered around the circular law theorem, which states that the empirical spectral distribution of a n \\times n random matrix with i.i.d. entries of variance 1/n tends to the uniform law on the unit disc of the complex plane as the dimension n tends to infinity. This phenomenon is the non-Hermitian counterpart of the semi circular limit for Wigner random Hermitian matrices, and the quarter circular limit for Marchenko-Pastur random covariance matrices. We present a proof in a Gaussian case, due to Silverstein, based on a formula by Ginibre, and a proof of the universal case by revisiting the approach of Tao and Vu, based on the Hermitization of Girko, the logarithmic potential, and the control of the small singular values. Beyond the finite variance model, we also consider the case where the entries have heavy tails, by using the objective method of Aldous and Steele borrowed from randomized combinatorial optimization. The limiting law is then no longer the circular law and is relat...

  1. The Gas Laws

    Science.gov (United States)

    Raman, V. V.

    1973-01-01

    Inquires into the individual names and dates which are associated with the various perfect gas laws on the basis of published and historically researched works. Indicates the presence of eight features in giving a scientist credit for a scientific discovery. (CC)

  2. Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    China establishes a comprehensive socialist legal system The Standing Committee of the National People’s Congress (NPC),China’s top legislature,adopted an amendment to the Criminal Law at a bimonthly session in February,reducing the number of capital punishment by 13 to 55.

  3. Financial Disclosure Laws.

    Science.gov (United States)

    Merz, Carol

    1983-01-01

    A study of school board presidents and superintendents in Washington, Missouri, and New Jersey reveals that strict financial disclosure laws tend to reduce the number of professionals on boards; however, board members with professional occupations differ from other board members on a number of measures. (MLF)

  4. Competition Law in Malaysia

    OpenAIRE

    Anand Raj; Cynthia Lian; Wen-Ly Chin

    2015-01-01

    There is still some way for Malaysia to go and the lack of merger control (for the foreseeable future) remains a significant shortcoming in the Malaysian competition law regime at this stage. Anand Raj, Cynthia Lian, & Wen-Ly Chin (Shearn Delamore & Co., Kuala Lumpur)

  5. Law... For what?

    Directory of Open Access Journals (Sweden)

    Rodrigo Merino Barros

    2012-12-01

    Full Text Available This paper provides an overview of the work “El Derecho... ¿para qué?” of Jaime Baquero de la Calle. The overview analyzes the sources, the type of documents and examples that are used in it. Includes an explanation of the structure of the document, emphasizing the utility that provides this publication for students of law.

  6. European media law

    NARCIS (Netherlands)

    Castendyk, O.; Dommering, E.; Scheuer, A.

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual Medi

  7. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  8. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  9. Presenting Distributive Laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.C.; Heckel, R.; Milius, S.

    2013-01-01

    Distributive laws of a monad over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specification of well-behaved structural operational semantics and, more recently, also for enhancements

  10. Presenting Distributive Laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.C.

    2015-01-01

    Distributive laws of a monad T over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specication of well-behaved structural operational se- mantics and, more recently, also for enhancemen

  11. Presenting distributive laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.

    2015-01-01

    Distributive laws of a monad T over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specification of well-behaved structural operational semantics and, more recently, also for enhancemen

  12. Law and the Consumer.

    Science.gov (United States)

    Idleman, Hillis K.

    One of eleven modules developed for secondary school consumer education, this document emphasizes the need of the consumer, especially the disadvantaged consumer, to understand the law and the protection it can offer. The material is presented in three columns: understandings (usually formulated as questions followed by commentary), suggested…

  13. Lectures on Law Enforcement.

    Science.gov (United States)

    Nettleship, Lois

    Three lectures on law enforcement are presented that were prepared for study purposes at Johnson County Community College. The first lecture examines the fundamental ideas of the Age of Enlightenment and discusses their influence on the American Revolution, the United States Constitution, and the Bill of Rights. Major provisions of the Bill of…

  14. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  15. Hubble's Law Implies Benford's Law for Distances to Galaxies

    Science.gov (United States)

    Hill, Theodore P.; Fox, Ronald F.

    2016-03-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the first digits of the distances from the Earth to galaxies are a reasonably good fit to the probabilities predicted by Benford's law, the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why galaxy distances might be expected to follow Benford's law. The new galaxy-distance law derived here, which is robust with respect to change of scale and base, to additive and multiplicative computational or observational errors, and to variability of the Hubble constant in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Conversely, with the logical derivation of this law presented here, the recent empirical observations may be viewed as independent evidence of the validity of Hubble's law.

  16. Discrete power law with exponential cutoff and Lotka's Law

    CERN Document Server

    Smolinsky, Lawrence

    2015-01-01

    The first bibliometric law appeared in Alfred J. Lotka's 1926 examination of author productivity in chemistry and physics. The result is that the productivity distribution is thought to be described by a power law. In this paper, Lotka's original data on author productivity in chemistry is reconsidered by comparing the fit of the data to both a discrete power law and a discrete power law with exponential cutoff.

  17. The Teaching of Constitutional Law in American Law Schools.

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

    A survey of the teaching of constitutional law used questionnaires sent to the dean of every law school approved by the Association of American Law Schools or the American Bar Association. Responses describe the basic course, advanced courses and seminars, teachers, goals, and examinations. (MLW)

  18. European Asylum Law : and its Relation to International Law

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

    In Chapter 1 I introduce the question of enquiry, the relation between Community and international law on asylum. Further, I sketch the content of the Refugee Convention, other relevant international law, the historical background of current Community asylum law (i.e. the asylum acquis from before 2

  19. Kidnapping Law Mapped Out

    Institute of Scientific and Technical Information of China (English)

    JENNIFER LIM

    1994-01-01

    THE Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or Kidnap Women or Children (abbreviated to "Decision" in the following of the article), was adopted at the 21st Meeting of the Standing Committee of the Seventh National People’s Congress on September 4, 1991. As an important lawful document on the protection of the personal safety of women and children, its publica-

  20. Behavioral Law & Economics

    OpenAIRE

    Tomasz Nieborak

    2012-01-01

    Issues concerning the regulation aspects of financial markets are not simple. One of the reasons for this is that a great number of detailed factors have an effect, for example, the trust of the consumers of financial services or their behavior. The paper analyses the most important of them, and issues related to them, from a legal point of view, with the main objective of presenting the basic assumptions of the behavioral Law & Economics theorem. Dynamic development of financial markets and ...

  1. Ethics and Law

    Science.gov (United States)

    Vilacoba Ramos, Andrés

    2007-04-01

    Ethics are the set of moral rules that govern human conduct. Hegel, for his part, asserted that ethicity implied the full realization of freedom, as well as the suppression of it as arbitrariness. In this paper, we point out that, through the relation between Law and Ethics, we can discover how high are the Ethics of a society, as well as the adherence of its members to it.

  2. Turning around Newton's Second Law

    Science.gov (United States)

    Goff, John Eric

    2004-01-01

    Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.

  3. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

    Full Text Available We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies. In preparing this article we have used as research methods the analysis of the problems generated by mentioned subject with reference to the doctrinal views expressed in specialized papers, documentary research, and interpretation of legal norms in the field.

  4. Sexuality and the law.

    Science.gov (United States)

    Portelli, C J

    1998-01-01

    Federal, state, and local laws in the US now govern almost every aspect of sexuality. This includes sexuality at the workplace, sexuality education, adolescent sexuality, access to sexuality information and sexually explicit materials, sexual orientation, and sexually transmitted disease(STD)/HIV transmission. Almost 33% of the US Supreme Court's docket this past term concerned sexuality issues. In contrast to 50 years ago, when sexuality law was confined to the criminal arena, contemporary "sex crimes" primarily relate to nonconsensual and exploitative behaviors. It is time for lawmakers, judges, lawyers, policy analysts, lobbyists, and advocates to realize they cannot legislate or litigate how, when, or why people fall in love. Rather, the role of the law should be to create and preserve models of justice and equality that seek to preserve one's individual rights to privacy and freedom to choose in matters related to one's sexuality. This includes free access to age-appropriate sexuality information, the right to marriage and children regardless of sexual orientation, comprehensive sexuality education that encompasses information about avoiding unwanted pregnancies and HIV/STDs, access to contraception and abortion, protection from sexually abusive or exploitative relationships, and access to sexual health care.

  5. Hubble's Law Implies Benford's Law for Distances to Stars

    CERN Document Server

    Fox, Ronald F

    2014-01-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the distances to stars listed in the 2011 HYG database "follow well the probabilities predicted by Benford's law", the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why star distances might be expected to follow Benford's law. Conversely, with the logical derivation given here, the empirical observations may be viewed as new independent evidence of the validity of Hubble's law.

  6. Is law science?

    Directory of Open Access Journals (Sweden)

    Rolien MC Roos

    2014-11-01

    Full Text Available The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, distinguish between legal practice and legal science, but the basis of the distinction is not clear. However, an entire body of literature in the philosophy of science has developed around the question of when a discipline will amount to science. Various demarcation criteria proposed in the philosophy of science are considered. These include that science uses the scientific method, is susceptible to falsification, is puzzle-solving within a paradigm or renders beneficial results. None of these criteria offers a satisfactory solution to the problem. The proposition by a group of philosophers including Herman Dooyeweerd, Marinus Stafleu and DFM Strauss, that the answer to the demarcation question is to be found in modal abstraction, is then considered. Modal abstraction amounts to a consideration of reality (persons, things, theories and rules from one or more defined point(s of entry. It is an artificial and learnt manner of thinking as it approaches reality from the perspective of one of the modalities of being. For example, juridical abstraction would mean that a cow is considered as the object of someone's proprietary rights. An abstract idea of the cow's characteristics, from a juridical point of view, is formed and the rules of property law are applied. A number of South African legal philosophers, amongst others Van Zyl, Van der Vyver and LM du Plessis, have followed this approach. The South African legislature has also attempted to define the terms "science" and "research", mainly for funding purposes. These definitions are considered and the conclusion is that they do not provide the clear-cut answers one would expect

  7. Reordering American Constitutional Law Teaching.

    Science.gov (United States)

    Gerber, Scott D.

    1994-01-01

    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  8. Estimation in the Power Law.

    Science.gov (United States)

    Thomas, Hoben

    1981-01-01

    Psychophysicists neglect to consider how error should be characterized in applications of the power law. Failures of the power law to agree with certain theoretical predictions are examined. A power law with lognormal product structure is proposed and approximately unbiased parameter estimates given for several common estimation situations.…

  9. Principles of the continental copyright law

    OpenAIRE

    Matveev A.

    2016-01-01

    It is known that there are two key copyright law traditions: English–American and Roman–Germanic copyright laws. The French and German copyright law is in the vanguard of the continental copyright law, with the copyright law of Russia being among the others in this copyright law system. However, the Russian copyright law has some specific characteristics. Copyright law is based on the defined principles. The purpose of the present article is to define the principles Continental Copyright Law....

  10. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  11. THE FRAMEWORK OF INSOLVENCY LAW

    Directory of Open Access Journals (Sweden)

    LAVINIA IANCU

    2012-11-01

    Full Text Available There are a number of ways to classify the legal systems or legal families of the world, but in general legal families across the globe will in many jurisdictions either have an English law, or what can broadly be termed a Civil law, orientated foundation. When analyzing the insolvency laws of various jurisdictions such foundation will also show up in the variety of insolvency laws. But certain aspect of insolvency law will be affected by local legal culture, basic rights and the way in which a system deals with related matters such as the security rights provided for, or the approach to labor issues for instance.

  12. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  13. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    Andrey Shirvindt

    2015-01-01

    Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

  14. Government Contract Law Cases.

    Science.gov (United States)

    1983-10-01

    has available intelligence services whose reports are not and ought not to be published to the world. It would be intolerable that courts, without...on account of lack of standing. The law of standing is fundamentally artificial to the extent that one who is in fact harmed by adminis- trative...bus iness adverti s concerns and 1969 plain Santo, F 1 o r i u s i n e s lify a U. S. 1 Busi ant, i usines busine ct for se in Admin

  15. Conservation Laws with Dissipation,

    Science.gov (United States)

    1980-07-01

    smooth, due to the formation of shock waves. However, global solutions exist in the class of functions of bounded variation ,/in the sense of Tonelli...hyperbolic conservation law (2.2) ut + f(u)x -0 The Cauchy problem for (2.2), with initial data u(x,O), of bounded variation , admits a solution in the class...BV of functions of bounded variation ,.in the sense of Tonelli-Cesari. No gain would be made by assuming that u(x,O) is smoother, even analytic! In

  16. Essentials of EU law

    CERN Document Server

    Reinisch, August

    2012-01-01

    This book explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law.

  17. Market Sentiments Distribution Law

    Directory of Open Access Journals (Sweden)

    Jorge Reyes-Molina

    2016-09-01

    Full Text Available The Stock Exchange is basically ruled by the extreme market sentiments of euphoria and fear. The type of sentiment is given by the color of the candlestick (white = bullish sentiments, black = bearish sentiments, meanwhile the intensity of the sentiment is given by the size of it. In this paper you will see that the intensity of any sentiment is astonishingly distributed in a robust, systematic and universal way, according to a law of exponential decay, the conclusion of which is supported by the analysis of the Lyapunov exponent, the information entropy and the frequency distribution of candlestick size.

  18. The Law of Reflux

    OpenAIRE

    Sproul, Michael

    2010-01-01

    The law of reflux is explained using an example of backed money. In the example, government-issued money is backed by the government’s assets (mainly taxes receivable) while bank-issued money is backed by the bank’s assets. The value of both kinds of money is determined by the amount of backing held per unit of money issued. The example shows that reflux maintains money’s value, not by assuring that excessive issues of money reflux to their issuers, but by providing people with access to the ...

  19. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  20. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

    Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

  1. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  2. Generalized Kirchhoff law

    CERN Document Server

    Greffet, Jean-Jacques; Brucoli, Giovanni; Sakat, Emilie; Marquier, François

    2016-01-01

    Thermal emission can be conveniently described using Kirchhoff law which states that the emissivity is equal to the absorptivity for isothermal bodies. For a finite size system, absorptivity is replaced by an absorption cross section. Here, we study the link between thermal emission and absorption by a finite size object which is not isothermal. We define a local absorption rate for a given incident plane wave and we prove that it is equal to the local emissivity rate. Hence, Kirchhoff law can be extended to anisothermal media. A practical consequence is the possibility of analysing thermal radiation by a variety of non-equilibrium systems such as microwave radiation in geophysical remote sensing or X-UV radiation by plasmas. This result provides a theoretical framework to analyse thermal emission by hot electrons in quantum wells, tunnel junctions or graphene. It paves the way to the design of a new generation of incandescent emitters made of subwavelength hot emitters coupled to cold antennas. The antennas ...

  3. Interdisciplinary Success Of Law And Economy: Economic Analysis Of Law

    Directory of Open Access Journals (Sweden)

    Ivana Barković

    2009-07-01

    Full Text Available Economic analysis of law defines as an application of economic theory and economic methods in studies of forming, structure, process and influence of the law and legal institution. Although many comment that it is the question of a new scientific discipline or contemporary intellectual movement, the economic analysis of law reaches even the classics of economic thought Adam Smith and David Hume but the real recognition of the analysis was the publishing of the famous article of Ronald Coase (1960 “Problem of Public Expense” . Here he discusses how the incentives for damage reduction and various negativities come from the allocation of property rights. The aim of this work is to present an economic analysis of law as an interdisciplinary success of two great fields – law and economy, i.e. to present the way on which economy helps to understand law in a new way. Realizing it, the economy uses mathematically precise theories (e.g. price theory, game theory etc. and empirically firm methods (statistics and econometrically to analyse the impact of prices, i.e. of sanctions on behaviour. The article shows basic economic analyses of law which especially cite the contract law and balance law.

  4. INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2009-12-01

    Full Text Available The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.

  5. An Analysis of the Definition of Relevant Markets in Internet Antitrust-A Case Study of“Qihoo 360 Litigation Against Tencent”%互联网反垄断中相关市场界定解析--以“奇虎360诉腾讯案”为视角

    Institute of Scientific and Technical Information of China (English)

    陈国强

    2014-01-01

    本文以“奇虎360诉腾讯案”为切入点,论述了互联网行业具有创新迅速、传播速度快、市场双边性、产品低费用甚至免费等特征。这导致了传统反垄断中对相关市场的界定方法用于互联网相关市场界定时存在很多缺陷以致无法适用,而我国互联网反垄断实务也面临一些困境,对此提出了解决方法,即从互联网相关市场包括互联网相关产品市场、互联网相关地域市场、互联网相关时间市场三个维度加以考虑,只有在结合互联网市场特性及互联网产品特性的基础上,才能准确界定互联网相关市场,进而指导我国的互联网反垄断实务,以期保持互联网市场竞争公平、自由、有序地进行。%The Internet industry is characteristic of fast innovation and spread, bilateral market, and low-cost and even free products. Such features make the definition of the relevant markets in traditional antitrust inapplicable to the Internet antitrust. On the other hand, the practice of China’s Internet antitrust also faces difficulties. Based on the case of“Qihoo 360 litigation against Tencent”, the author suggests that Internet-related markets should include product market, geographic market and time market, and by combining the features of the Internet-related market and its products, we can accurately define the Internet-related markets so as to guide China’s Internet antitrust practice and to ensure a fair, free and orderly market competition.

  6. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  7. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined and furt......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  8. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    and rational dietary choices on the basis of the food information provided on food labels or generally available in society. In recent years, the EU legislative has shown increased commitment to further empower consumers in pace with the advancement of modern manufacturing and advertising techniques......This thesis shows that the distinction between food safety and non-safety issues in Regulation (EC) No 178/2002, the General Food Law (GFL), results in a grey area of regulation. This grey area comprises foods that do not pose a food safety risk in a legal sense, but that could pose a threat...... to human health because of other factors, such as their nutritional composition. The growing prevalence of obesity and non-communicable diseases are examples of contemporary health challenges that are difficult to fit into the rather narrow concept of food safety risks in the GFL. The conclusion is that EU...

  9. Three Laws of Robotics

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    经典的机器人三大定律,来自于科幻之父阿西莫夫的名著《I,Robot》The late Isaac Asimov(1920—1992),the prolific author of science fictionand books popularizing science,claimed credit for"robotics"as a term for thescience and technology of robots.In his 1942 sci-fi story"Runaround,"Asimovstated the ethical guidelines he called the"Three Laws of Robotics":1.A robot must not injure a human being,or,through inaction,allow a hu-man being to come to harm.2.A robot must obey the orders given it by human beings except wherethose orders would ...

  10. Law Tackling Administrative Monopolies

    Institute of Scientific and Technical Information of China (English)

    WAN LIXIN

    2006-01-01

    @@ The long-anticipated anti-monopoly law needs to better address the crucial distinction between administrative and economic monopolies The first five months of 2oo6 saw a surge in the profits achieved by key State enterprises, especially in the eight sectors including petroleum, telecommunication and electricity, which achieved 285 billion yuan (US$36 billion) in profits, accounting for about 86 percent of the total, according to a July report. From the Stateowned Assets Supervision and Administration Commission of the State (SASAC). This news was both heartening and disquieting, for the most profitable sectors happen to be monopolistic enterprises, mostly upstream the production chain, who achieve their profitability at the expense of those companies further downstream. For years these sectors have been at the centre of the "bust-the-trust" storm.

  11. Feminism, law, and bioethics.

    Science.gov (United States)

    Rothenberg, K H

    1996-03-01

    Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues.

  12. Nanoplasmonics beyond Ohm's law

    CERN Document Server

    Mortensen, N A; Raza, S; Stenger, N; Yan, W; Jauho, A -P; Xiao, S; Wubs, M

    2012-01-01

    In tiny metallic nanostructures, quantum confinement and nonlocal response change the collective plasmonic behavior with important consequences for e.g. field-enhancement and extinction cross sections. We report on our most recent developments of a real-space formulation of an equation-of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples of applying the nonlocal framework to calculation of extinction cross sections and field enhancement in isolated particles, dimers, and corrugated surfaces.

  13. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    , examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from......Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007...... will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand...

  14. Corporate Mobility and Company Law

    OpenAIRE

    Ferran, Eilís

    2016-01-01

    Globalisation has given commercial parties more freedom to choose the company law system that best suits their private needs. The growing range of techniques to facilitate choice between systems of company law reshapes the mandatory/enabling debate in countries where corporate mobility is a relatively new business phenomenon and where the past focus has mostly been on degrees of flexibility within domestic law. This article examines relocations, both out of and into the UK, as a source of lea...

  15. Law system and legislation system

    OpenAIRE

    Boshno, Svetlana

    2013-01-01

    This paper is a continuation of publication of the «Jurisprudence» textbook by Svetlana Vladimirovna Boshno. Law system is a key element of general theory of law. The major fundamentals of its construction are subject matter and method of legal regulation. Of great importance is the division of legal regulation methods into mandative and dispositive ones. The paper articulates the concepts of institute and branch of law demonstrated through various examples. An important classification of bra...

  16. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...... the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between...... on European law in the making....

  17. Morality, care, and international law

    Directory of Open Access Journals (Sweden)

    Virginia Held

    2011-09-01

    Full Text Available Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.

  18. Experimental Verification of Boyle's Law and the Ideal Gas Law

    Science.gov (United States)

    Ivanov, Dragia Trifonov

    2007-01-01

    Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

  19. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing…

  20. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  1. Teaching of Administrative Law in the New Grade of Law

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

    The teaching of Administrative Law in the new grade of law poses numerous challenges and opportunities in the new model of Bologna. It's really important work of research and students in class presentations. It is also important to motivate students to study the issues and cases brought before classes and to use virtual platforms to interact with…

  2. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  3. Public health law research: exploring law in public health systems.

    Science.gov (United States)

    Ibrahim, Jennifer K; Burris, Scott; Hays, Scott

    2012-11-01

    The importance of law in the organization and operation of public health systems has long been a matter of interest to public health lawyers and practitioners, but empirical research on law as a factor in health system performance has been limited in quantity and sophistication. The emergence of Public Health Law Research and Public Health Systems and Services Research within a coordinated effort to strengthen public health research and practice has dramatically changed matters. This article introduces Public Health Law Research as an integral part of Public Health Systems and Services Research, discusses the challenges of integrating the 2 fields, and highlights 2 examples of current research that demonstrate the benefits of an integrated approach to improve the use of law in public health practice.

  4. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  5. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  6. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  7. International Law and Military Operations

    Science.gov (United States)

    2008-01-01

    Crimes Under Flags of Convenience: In a Depressed Shipping Market, Poor Nations Sell Flags for Criminal Ventures, 127 MARITIME STUDIES, Nov.-Dec...Planck Institute for International Law at Heidelberg (Germany), a Meltzer Visiting Professor of Inter- national Law at New York University and a

  8. Methodology of Law and Economics

    NARCIS (Netherlands)

    A.M. Pacces (Alessio Maria); L.T. Visscher (Louis)

    2011-01-01

    textabstractIntroduction A chapter on the methodology of law and economics, i.e. the economic analysis of law, concerns the methodology of economics. The above quote (Becker 1976, 5) shows that economics should not be defined by its subject, but by its method (also Veljanovski 2007, 19). This method

  9. Critical Introduction To Natural Law

    Directory of Open Access Journals (Sweden)

    Esteban Javier Mosquera Cabrera

    2013-01-01

    Full Text Available This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law or agreement that eventually undermine the natural law. It is also evident that the principles proposed by Hervada are a good basis for general legal hermeneutics.

  10. Law and Morals. Prolegomena (II

    Directory of Open Access Journals (Sweden)

    Nicolae V. DURĂ

    2011-11-01

    Full Text Available In the pages of this study we have emphasized the relation between Law and Morals, between what is just and in just, talking thus not only about the nature of the Law and of the Morals, but also about the relation between the juridical norms and the moral principles. An evaluation of the historical process of the emergence of Law and Morals – be it brief – has enabled us to notice that the Law has evolved step by step from the Moral norms and from the customs of a moral nature, hence the conclusion that the positive juridical norms should also express, in their content, values of a moral nature. In fact, from an ontological point of view, between Law and Morals could not be a divorce, since the notions of “righteousness” and of “justice” themselves are categories of Morals. That is why the theory of juridical positivism, according to which the rule of Law can exist in the absence of Morals since the state is the only source of Law, has no credibility both from a historical and philosophical and from a juridical point of view. Finally, the increasingly higher interest of the philosophers and jurists of our time to perceive and express the content of the nature of Law adequately and, ipso facto, the relation between this one and Morals, was also determined by the international and European legislation regarding the human fundamental rights and liberties.

  11. Interpretation of the Omori Law

    CERN Document Server

    Guglielmi, Anatol V

    2016-01-01

    The known Omori law is presented in the form of differential equation that describes the evolution of the aftershock activity. This equation is derived hypothetically with taking into account deactivation of the faults in epicentral zone of the main shock. A generalization of the Omori law is proposed.

  12. Constitutional Law and Liberal Education.

    Science.gov (United States)

    Clor, Harry

    1985-01-01

    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  13. Advanced Introduction to Private Law

    NARCIS (Netherlands)

    Smits, Jan

    2017-01-01

    In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenti

  14. Social Change and Criminal Law

    Science.gov (United States)

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  15. Anisotropic Power-law Inflation

    CERN Document Server

    Kanno, Sugumi; Watanabe, Masa-aki

    2010-01-01

    We study an inflationary scenario in supergravity model with a gauge kinetic function. We find exact anisotropic power-law inflationary solutions when both the potential function for an inflaton and the gauge kinetic function are exponential type. The dynamical system analysis tells us that the anisotropic power-law inflation is an attractor for a large parameter region.

  16. Relativistic covariance of Ohm's law

    CERN Document Server

    Starke, R

    2014-01-01

    The derivation of relativistic generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic plasmas in astrophysics and cosmology. Here we propose an alternative route to this problem by introducing the most general Lorentz covariant first order response law, which is written in terms of the fundamental response tensor $\\chi^\\mu_{~\

  17. Science without laws.

    Science.gov (United States)

    Schweber, Silvan S

    2009-01-01

    During the 1970s, something deeply consequential happened in the cultural, economic, and social relationships between science and technology. Paul Forman has proposed that the abrupt reversal of the culturally ascribed primacy in the science-technology relationship circa 1980 be taken as a demarcation of postmodernity from modernity. Modernity's most basic cultural presuppositions-the superiority of theory to practice, the elevation of the public over the private and that of the disinterested over the interested, and the belief that the means sanctify the ends-were ascribed to science. In postmodernity, science is subsumed under technology, and the status of technology relative to science reflects our pragmatic-utilitarian subordination of means to ends. These cultural changes have resonated with deep epistemological and ontological changes within the sciences themselves, and all these have manifested themselves in universities becoming entrepreneurial, and the consequences thereof. Science Without Laws insightfully illustrates some of the changes within the life and human sciences by analyzing the role played by model systems and case studies.

  18. Reflections on international medical law.

    Science.gov (United States)

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  19. On the ideal gas law

    CERN Document Server

    Arnaud, Jacques; Philippe, Fabrice

    2011-01-01

    When a cylinder terminated by a piston, containing $N$ corpuscles, and with height $h$ is raised at temperature $\\theta$, the force that the corpuscles exerts on the piston is, to within constant factors: $F=N\\,\\theta/h$. This law, called the "ideal gas law", is valid at any temperature (except at very low temperatures when quantum effects are significant) and for any collection of corpuscles, in a space of arbitrary dimensions. It is usually derived under the assumption that the temperature is proportional to the corpuscle's kinetic energy. We show that this law rests only upon the democritian concept of corpuscles moving in vacuum, postulating that it is independent of the law of motion. This view-point puts aside restrictive assumptions that are sources of confusion. The present paper should accordingly facilitate the understanding of the physical meaning of the ideal gas law. The mathematics is elementary.

  20. Discovering Natural Laws by Reduction

    Institute of Scientific and Technical Information of China (English)

    吴轶华

    1989-01-01

    A polynomial algorithm.called Reduction,is presented to discover natural laws by analysing a set of experimental data.instead of a heuristic exploration which,when adopted in BACON,can only lead to rediscovering simple laws.A complex law with multiple variables involved can be discovered by reducing it to a search.This search is so efficient that it does not need any backtracking and is able to cover most of possible laws.A reduction-based discovery system,called DISCOVER 2.0,was developed with a flexible knowledge base and an ability of dealing with imperfect data.The system has been verified to be valid computationally,practically,and theoretically,by discovering a great number o complex laws,and can be also viewed as a leaming engine embodied in any intelligent systems to improve their performance by obtaining a general rule from the accumulated data.

  1. The Reorganization Law in Poland

    Directory of Open Access Journals (Sweden)

    Rafał ADAMUS

    2012-03-01

    Full Text Available The aim of this paper is to present general remarks of the legal structure of the Polish reorganization law. This is a completely new institution in Poland. The Act of 28 February 2003 the Bankruptcy and Reorganization Law (J.L. No 60, item 535 as amended, the articles 492 - 521 b.r.l. is the main source of law in the commented matter. The idea of the Polish regulation derives from the Chapter 11 of the Bankruptcy Code of the United States. The statistics of the usage of the reorganization proceedings in Poland are not very impressive. In this respect some critics maintain that the legislative experiment called “reorganization proceedings” is unsuccessful. Nevertheless the Reorganization Law is a very important figure in the Polish commercial law. Reorganization proceedings seriously differ from bankruptcy proceedings

  2. Twentieth Century Internationalism in Law

    DEFF Research Database (Denmark)

    Spiermann, Ole

    2007-01-01

    The 20th century saw the transformation of international law into a legal discipline concerned with the practical  application of law. It was fuelled by a manifold variety of treaties, procedures and institutions. Still, international lawyers persisted in conceiving and judging their discipline...... against a background coloured by national legal traditions. International lawyers did not overcome the optimist and evolutionary tradition based on the assumption that international law is but an ever closer approximation of national legal systems; nor did lawyers escape the fl ip side of this tradition......, i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superfi cial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper...

  3. Hack's Law: Sinuosity, convexity, elongation

    Science.gov (United States)

    Willemin, James H.

    2000-11-01

    Hack's law, an empirical, power law relationship between drainage basin area and the length of the main stream channel, has long been taken to imply that drainage basins become more elongate (relatively longer and narrower) with increasing basin size. A study of the geometry of 38 basins from three distinct geomorphic settings shows that this geometric interpretation of Hack's law is only occasionally true: Even though Hack's power law relationship holds between basin area and main channel length, these basins do not necessarily become more elongate with increasing size. Rather, Hack's law is an expression of a balance between changes in basin shape and changes in channel planform geometry. For the basins in this study, changes in channel sinuosity play the most important role in this balance; changes in basin shape are far less regular. Local conditions appear to determine the partitioning of importance between changes in basin shape and channel sinuosity.

  4. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  5. Mining and radiation protection law

    Energy Technology Data Exchange (ETDEWEB)

    Bischof, W.

    1986-01-01

    The article deals with the hazards of ionising radiation in the mining sector for the mining employees, the neighbouring population and the environment, with regard to prospecting, mining and processing radioactive ores. Due attention must also be paid to stockpiles, radioactive waste and imports of radioactive minerals. International radiation protection laws are to be applied on the basis of Euratom, IAEA, OECP/NEA and ICRP. The national law to be applied is Basic Law, Atomic Energy Law, and the Radiation Protection Ordinance of 1976. This law includes all activities having to do with mining of radioactive minerals, transport, imports and exports and waste management. Last not least, questions concerning the supervision carried out by the state and the administration are dealt with. (HSCH).

  6. Scaling Laws in Human Language

    CERN Document Server

    Lu, Linyuan; Zhou, Tao

    2012-01-01

    Zipf's law on word frequency is observed in English, French, Spanish, Italian, and so on, yet it does not hold for Chinese, Japanese or Korean characters. A model for writing process is proposed to explain the above difference, which takes into account the effects of finite vocabulary size. Experiments, simulations and analytical solution agree well with each other. The results show that the frequency distribution follows a power law with exponent being equal to 1, at which the corresponding Zipf's exponent diverges. Actually, the distribution obeys exponential form in the Zipf's plot. Deviating from the Heaps' law, the number of distinct words grows with the text length in three stages: It grows linearly in the beginning, then turns to a logarithmical form, and eventually saturates. This work refines previous understanding about Zipf's law and Heaps' law in language systems.

  7. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of fu

  8. ITKIN’S LAW

    Directory of Open Access Journals (Sweden)

    S. G. Bolotov

    2014-01-01

    Full Text Available The paper clarifies  a set of conditions for Itkin’s law (ѣ [ě] and я [ѧ, ę] to ё [ë, jo] transition,  i.e.,   [ě¨, joˇ] and я [ѧ¨ , ę¨, jö˛] formation and provides some foundations for the phonetic  nature of such conditions. Those include (1 a stem being of the accent paradigm (a.p. b [so called right-accentuality of this a.p. correlates with the rightward accomodational  orientation,  i.e., a stem is characterized by an increased propensity to anticipatory  change of vowel timbre across the dividing  consonantal barrier and under the influence of the next vowel]; (2 positioning of such ѣ or я in front of the consonant cluster [this position results in — after the rule of “rising (ascending sonority” (or “sonority wave”, “open syllable” stops acting, the reduced vowels begin to fall and a syllable is restructured anew — in a syllabic border rightward drift, up to formation of a syllable closed by the first consonant in the cluster; (3 limitation on the structure of the abovementioned  consonant cluster which is manifested in a ban on two voiceless (± sonorant consonants conjunction;  this conjunction,  due to thereby precipitated relatively  longer voice interrupt, prevents a full-scaled accomodation of ѣ or я to a back vowel of the following syllable. Some closer phenomena in cognate languages (Ukrainian,  Slovene  are adduced. All available  relevant material is listed, a single example being analyzed in some greater detail to demonstrate the impossibility of contesting the presence of ѣ as a root vowel within its stem.

  9. 38 CFR 21.4274 - Law courses.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b)...

  10. Law Enforcement Proxies Matter for the Law and Finance Nexus

    Directory of Open Access Journals (Sweden)

    Valentin Toci

    2013-07-01

    Full Text Available The paper employs various measures of law enforcement to provide new evidence on the importance of legal institutions for different dimensions of financial development in transition economies. It offers a critical assessment of law enforcement measures employed in recent studies by showing that some proxies for law enforcement in the credit market may not be appropriate. Hence, care should be taken in how the quality of institutions is measured and the context which it represents. An original approach to measuring law enforcement in the credit market is developed by embodying the legal theory of dispute resolution and assessing this approach by collecting primary data for Kosovo. The findings suggest that Kosovo compares well with countries in the region and other transition economies in terms of the enforcement of creditor rights.

  11. Community and law: identifying the locus of law in community

    OpenAIRE

    Yaylali, Mustafa

    2012-01-01

    "Community and law approach" provides an illuminating insight into alternative legal orderings within a social unit. The comprehensiveness of legal systems within a community or a social unit, provides a suitable basis for a structural framework of alternative legal systems or Legal Pluralism, which is missing in the discourse on Legal Pluralism. "Identifying the locus of law within a community", provides us with an indication on how autopoetic a legal system can be within a social unit, taki...

  12. Time, history and international law

    CERN Document Server

    Craven, Matthew; Vogiatzi, Maria

    2006-01-01

    This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

  13. On the ideal gas law

    OpenAIRE

    Arnaud, Jacques; Chusseau, Laurent; Philippe, Fabrice

    2013-01-01

    International audience; The air density on earth decays as a function of altitude $z$ approximately according to an $\\exp(-w\\,z/\\theta)$-law, where $w$ denotes the weight of a nitrogen molecule and $\\theta=\\kB T$ where $k_B$ is a constant and $T$ the thermodynamic temperature. To derive this law one usually invokes the Boltzmann factor, itself derived from statistical considerations. We show that this (barometric) law may be derived solely from the democritian concept of corpuscles moving in ...

  14. PROSPECTIVE ISLAMIC LAW IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Mohdar Yanlua

    2015-02-01

    Full Text Available This paper discusses the Prospective Islamic law in Indonesia. The enforcement of Islamic law in Indonesia experienced the ups and downs, ranging from the colonial period with the Government of Indonesia to the Netherlands in order to reform it.In this study it was found that a prospective law of Islam in Indonesia the development of any regime of the Government of Indonesia is experiencing developments. By the Government of Indonesia does not accept or reject the extremes, but instead selectively receive (not the totality and gradual.Such a step is done for the sake of maintaining the stability and integrity of the country.

  15. Zipf's Law in Gene Expression

    CERN Document Server

    Furusawa, C; Furusawa, Chikara; Kaneko, Kunihiko

    2002-01-01

    Using data from gene expression databases on various organisms and tissues, including yeast, nematodes, human normal and cancer tissues, and embryonic stem cells, we found that the abundances of expressed genes exhibit a power-law distribution with an exponent close to -1, i.e., they obey Zipf's law. Furthermore, by simulations of a simple model with an intra-cellular reaction network, we found that Zipf's law of chemical abundance is a universal feature of cells where such a network optimizes the efficiency and faithfulness of self-reproduction. These findings provide novel insights into the nature of the organization of reaction dynamics in living cells.

  16. Zipf's Law in Gene Expression

    Science.gov (United States)

    Furusawa, Chikara; Kaneko, Kunihiko

    2003-02-01

    Using data from gene expression databases on various organisms and tissues, including yeast, nematodes, human normal and cancer tissues, and embryonic stem cells, we found that the abundances of expressed genes exhibit a power-law distribution with an exponent close to -1; i.e., they obey Zipf’s law. Furthermore, by simulations of a simple model with an intracellular reaction network, we found that Zipf’s law of chemical abundance is a universal feature of cells where such a network optimizes the efficiency and faithfulness of self-reproduction. These findings provide novel insights into the nature of the organization of reaction dynamics in living cells.

  17. English for International Trade Law

    Directory of Open Access Journals (Sweden)

    Bilová Štĕpánka

    2014-09-01

    Full Text Available The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions.

  18. Latest Amendment to Criminal Law

    Institute of Scientific and Technical Information of China (English)

    ZHU ZONGJIE

    2011-01-01

    @@ On Feb.25, 2011,the 19th Session of the Standine Commlttee or the 11th National Peonle's Congress, the country's highest legislative body, approved the eighth amendment to the Criminal Law of the People's Republic of China.This brought about the broadest changes ever made to the law-to be precise, to 50 items that involve 49 legal matters.While reducing the number of crimes punishable by death, the amended Criminal Law provides for additional instances of leniency for senior citizens and minors who are convicted of a crime.

  19. Benford's law theory and applications

    CERN Document Server

    Miller, Steven J

    2015-01-01

    Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t

  20. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  1. THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Krismiyarsi Krismiyarsi

    2015-06-01

    Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

  2. HSIP Law Enforcement Locations in New Mexico

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

  3. International law and communicable diseases.

    Science.gov (United States)

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.

  4. Christianity in the International law

    Directory of Open Access Journals (Sweden)

    Shavinina-Kalashyan Diana

    2016-11-01

    Full Text Available The article investigates the role of Christianity in the development and establishment of the international law, as well as in the development and humanization of the individual in the society. It separately considers the problems of our time which have arisen under the influence of globalization, and are manifested in the deformation of the person’s humanistic orientation. We describe the interconnection and interdependence of Christianity and the international law with a focus on the category that adequately reflects various aspects of this influence. The levels of influence of Christianity on the development and humanization of the individual, as well as on the international law are defined. The necessity of forming a new doctrine of development and humanization of the individual in the society and, accordingly, the humanization of the international law are grounded.

  5. Game animals & hunting : Law enforcement

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This is a summary of hunting activities, game mammal surveys, and law enforcement on Neal Smith National Wildlife Refuge between 1992 and 2009. For each year, a list...

  6. Field equations or conservation laws?

    CERN Document Server

    Francaviglia, Mauro; Winterroth, Ekkehart

    2013-01-01

    We explicate some epistemological implications of stationary principles and in particular of Noether Theorems. Noether's contribution to the problem of covariance, in fact, is epistemologically relevant, since it moves the attention from equations to conservation laws.

  7. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  8. Fixing Flaws in the Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China’s top legislature has adopted a draft amendment to the Law on Lawyers that will make it easier for lawyers to meet criminal suspects and obtain evidenceA change to China’s 11-year-old Law on Lawyers is set to empow- er the country’s legal profession. The amendment to the law,which will come into effect on June 1 next year,will allow individuals to open a law firm,improve access to clients and enable lawyers to build a case more easily. Lawyers in China have traditionally lacked power and this has hampered devel- opment of the industry.The amendment could change this and lead to rapid growth in the profession.

  9. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  10. Friction laws for lubricated nanocontacts

    Science.gov (United States)

    Buzio, R.; Boragno, C.; Valbusa, U.

    2006-09-01

    We have used friction force microscopy to probe friction laws for nanoasperities sliding on atomically flat substrates under controlled atmosphere and liquid environment, respectively. A power law relates friction force and normal load in dry air, whereas a linear relationship, i.e., Amontons' law, is observed for junctions fully immersed in model lubricants, namely, octamethylciclotetrasiloxane and squalane. Lubricated contacts display a remarkable friction reduction, with liquid and substrate specific friction coefficients. Comparison with molecular dynamics simulations suggests that load-bearing boundary layers at junction entrance cause the appearance of Amontons' law and impart atomic-scale character to the sliding process; continuum friction models are on the contrary of limited predictive power when applied to lubrication effects. An attempt is done to define general working conditions leading to the manifestation of nanoscale lubricity due to adsorbed boundary layers.

  11. An alternative to Zoe's Law.

    Science.gov (United States)

    Dalmau, James

    2015-03-01

    Under the criminal law of New South Wales, the destruction of a foetus (other than in the course of a medical procedure) constitutes grievous bodily harm to the pregnant woman. Charges can be laid for offences against the woman, but not against the foetus. Many are dissatisfied with this. The Crimes Amendment (Zoe's Law) Bill 2013 (No 2) (NSW) aimed to change this by providing that a foetus is taken to be a living person for the purposes of certain offences. The Bill was strongly opposed on the basis that according personhood to a foetus in this way will have undesirable consequences that could erode the reproductive rights of women. The public debate over how the criminal law addresses the destruction of a foetus has centred on Zoe's Law. This article proposes an alternative amendment. that aims, to accommodate the concerns of the Bill's supporters and its detractors.

  12. Whither the common law derivative action

    OpenAIRE

    Yap, JL

    2009-01-01

    The common law derivative action was developed as a result of decades of case law in common law jurisdictions. Hong Kong and Singapore continue to retain the common law derivative action within their respective legal frameworks, despite both having enacted statutory derivative actions. This paper considers the situations in which the common law derivative action continues to have practical application in each of these jurisdictions. It then considers whether the common law derivative acti...

  13. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  14. Methodology of International Law1

    OpenAIRE

    Dominicé, Christian

    2014-01-01

    I. DEFINITION Methodology seeks to define the means of acquiring scientific knowledge. There is no generally accepted definition of the methodology of international law. In this article it will be taken to comprise both its wider meaning of the methods used in the acquisition of a scientific knowledge of the international legal system and its narrower and more specialized meaning, the methods used to determine the existence of norms or rules of international law. The correlation of these two ...

  15. Food Regulation in Biblical Law

    OpenAIRE

    Wilkenfeld, Wendy A.

    1998-01-01

    Everyone needs to eat, yet most societies and many world religions limit the available food supply by practicing some form of dietary restriction. However, biblical law presents a special case because "few [societies] systematically define all animals as permitted or forbidden and invoke divine authority for the instructions." For at least two thousand years, people have wondered why such a complex and comprehensive system of food regulation as is found in biblical law would fail to offer any...

  16. Principles of European Company Law

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2010-01-01

    The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us......, and this is presented in the article as the provisional capstone of 400 years of joint European development of company law....

  17. Random stress and Omori's law

    OpenAIRE

    Kagan, Yan Y.

    2010-01-01

    We consider two statistical regularities that were used to explain Omori's law of the aftershock rate decay: the Levy and Inverse Gaussian (IGD) distributions. These distributions are thought to describe stress behavior influenced by various random factors: post-earthquake stress time history is described by a Brownian motion. Both distributions decay to zero for time intervals close to zero. But this feature contradicts the high immediate aftershock level according to Omori's law. We propose...

  18. Mandelbrot Law of Evolving Networks

    Institute of Scientific and Technical Information of China (English)

    REN Xue-Zao; YANG Zi-Mo; WANG Bing-Hong; ZHOU Tao

    2012-01-01

    We show that the degree distribution of a growing network with linear preferential attachment approximately follows the Mandelbrot law,and propose an analytical method based on a recursive formula that can be used to obtain a more accurate expression of the shifting coefficient.Simulations demonstrate the advantages of our method. This work provides a possible mechanism leading to the Mandelbrot law of evolving networks,and refines the mainstream analytical methods for the shifting coefficient.

  19. Revision of the Adoption Law

    Institute of Scientific and Technical Information of China (English)

    1999-01-01

    DECEMBER 29, 1991, saw thePresident of the People’sRepublic of China promulgatea new adoption law by Order 54, a lawwhich was introduced to the seventhNational People’s Congress at thetwenty-third meeting of its StandingCommittee and which took effect fromApril 1, 1992. This was the first suchadoption law in China and, althoughadoption did occur prior to itsimplementation, it was not then boundby legal measures or guarantee.

  20. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  1. Interpretation of the Omori law

    Science.gov (United States)

    Guglielmi, A. V.

    2016-09-01

    The well-known Omori law is represented in the form of the differential equation describing the evolution of the aftershock activity. The interpretation of the evolution equation is suggested. It is based on the idea of deactivation of the faults in the vicinity of the main shock of the earthquake. The generalization of the Omori law with the allowance for the nonstationarity of the medium in the source, which is cooling after the main shock, is presented.

  2. The law of electromagnetic induction

    Directory of Open Access Journals (Sweden)

    V.J. Kutkovetskyy

    2014-09-01

    Full Text Available Mathematical models of the electromagnetic induction law which do not take into account Faraday’s restrictions are not in full accordance with the physical phenomenon and so they are not laws. Their incomplete correspondence with real devices results in such "paradoxes" as unlimited magnetic field of unipolar generators, infinite sizes of inductors for DC and AC machines modeled, and so on.

  3. Random stress and Omori's law

    CERN Document Server

    Kagan, Yan Y

    2010-01-01

    We consider two statistical regularities that were used to explain Omori's law of the aftershock rate decay: the Levy and Inverse Gaussian (IGD) distributions. These distributions are thought to describe stress behavior influenced by various random factors: post-earthquake stress time history is described by a Brownian motion. Both distributions decay to zero for time intervals close to zero. But this feature contradicts the high immediate aftershock level according to Omori's law. We propose that these statistical distributions are influenced by the power-law stress distribution near the earthquake focal zone and we derive new distributions as a mixture of power-law stress with the exponent psi and Levy as well as IGD distributions. Such new distributions describe the resulting inter-earthquake time intervals and closely resemble Omori's law. The new Levy distribution has a pure power-law form with the exponent -(1+psi/2) and the mixed IGD has two exponents: the same as Levy for small time intervals and -(1+...

  4. Surface Processes and Hack's law

    Science.gov (United States)

    Walcott, R.

    2010-12-01

    Hack’s law describes the non-linear relationship between the area of a catchment and the length of the longest stream within it. First described in the 1950’s based on a small area in the Appalachians, more recent studies have suggested that this relationship is consistent for over 13 orders of magnitude. As a result Hack’s law is generally considered as one of the fundamental morphological relationships of geomorphology and much effort has been devoted to understanding its origins. This law suggests that catchments are scale independent, however, recent work has demonstrated that the form of catchments varies depending on the type of surface processes operating within the catchment. In this paper we analyse the relationship between hillslope processes and Hack’s law for catchments that range over several orders of magnitude in size in the Himalaya and Chile. We show that Hack’s law varies systematically depending on the mean slope of a catchment. As the dominant process that operates within a catchment also varies with slope and scales with catchment size our findings have important implications for the robustness of Hack’s law and the scale independence of catchments.

  5. Sports Law: Some Introductory Considerations

    Directory of Open Access Journals (Sweden)

    Miloš Galantić

    2016-10-01

    Full Text Available With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. The issue raised above are only a part of a much broader topic that involves questions of relations of a classical Westphalian state and changes in the international community as well as issues of the essence and manifestations of law. The traditional theoretical approach, based on the principles of Westphalian sovereign state and state centralism, does not allow the possibility of existence of sports law because the law does not exist outside of the state. The modern theories of legal pluralism represent a different approach and see one of the most powerful examples of non-state law in sports law. If the concept of the existence of sports law is accepted, it is important to determine its contents. From temporal and quantitative distance, sports organizations are autonomous and main creators of the rules of conduct in sport. However, since the second half of the 20th century the state has had bigger and more important role in the regulation of sport

  6. Teaching medical ethics and law.

    Science.gov (United States)

    Parker, Malcolm

    2012-03-01

    The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.

  7. Hiding dependence-discovery of F-hiding laws and system laws

    Institute of Scientific and Technical Information of China (English)

    Zhou Houyong; Huang Shunliang; Shi Kaiquan

    2009-01-01

    Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hiding-dependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependencs-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

  8. The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

    Science.gov (United States)

    2009-11-27

    In-house and by Google, Library Journal , July 23, 2009, available at http://www.libraryjournal.com/article/CA6672693.html. 108 See, e.g., Nathan...Changes on Antitrust Issue, No Response on Library Pricing, Library Journal , Nov. 14, 2009, available at http://www.libraryjournal.com/article/CA6707181

  9. Improving Student Understanding of Coulomb's Law and Gauss's Law

    CERN Document Server

    Singh, Chandralekha

    2016-01-01

    We discuss the development and evaluation of five research-based tutorials on Coulomb's law, superposition, symmetry and Gauss's Law to help students in the calculus-based introductory physics courses learn these concepts. We discuss the performance of students on the pre-/post-tests given before and after the tutorials in three calculus-based introductory physics courses. We also discuss the performance of students who used the tutorials and those who did not use it on a multiple-choice test which employs concepts covered in the tutorials.

  10. The molecular concept of law

    Directory of Open Access Journals (Sweden)

    Hendrik Gommer

    2011-04-01

    Full Text Available In his famous work The Concept of Law Hart asked himself the question 'what is law?' Hart makes a very strict distinction between rules and morals: morals are rooted in biology, rules source back to society. Hart's sociological truisms have proven to be untrue, because modern evolutionary biology is not about the survival of the individual (or even of a species but about the spreading of genes. This knowledge changes the fundamentals of Hart's theory and therefore his theory as a whole. In addition, my theory captures vital insights of Dworkin, legal realism, Posner and CLS, while at the same time forming a significant improvement upon them.In essence, the biological theory of law presented in this article is based on fractal patterns. Macroscale patterns recur in microscale patterns. The spreading of genes depends on important characteristics of genes: they are stable, they replicate, they need nutrients to replicate and they can cooperate. Superficially, genes, cells, organisms and groups may seem to act purposefully, but it is merely a pattern, with genes as generators, that brings structure to chaos. Human desires are in fact the needs of their genes. Thanks to language, morals can be put in words and become rules. To keep everyone working together, we need an ingenious device - like the law - to maintain that complex situations can continue to be judged on the basis of the simple principle of stability and reciprocity. To a degree, therefore, law itself can be derived from unconscious emotions and morals.

  11. The epochs of international law

    CERN Document Server

    Grewe, Wilhelm G

    2000-01-01

    A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...

  12. On the integration of public law jurisprudence

    Institute of Scientific and Technical Information of China (English)

    YUAN Shuhong

    2006-01-01

    After two to three hundred years of development,modern public laws have become more and more important,mature and integrated especially since the 20th century.Traditionally,the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law,administrative law,criminal law,procedural law,international public law,etc.Nevertheless,with all-around emergence of public law,the traditional research method can no longer adapt to the development needs of the modern public law.Therefore,it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws,so as to do comprehensive,integrated and systematic researches on various sectional public laws.Based on the indepth argumentation about the necessity of developing unified public laws,this paper further puts forward that,to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it,the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria,common public law features and general public law rules and so on;form its theoretical basis on the line of the relations between public power and the citizen privilege;establish its category structure found on the concept of public power and the derivative core and basic categories;and build up the disciplinary system based on the systematic integrity of the public law research results.

  13. A new Newton's law of cooling?

    Science.gov (United States)

    Kleiber, M

    1972-12-22

    Several physiologists confuse Fourier's law of animal heat flow with Newton's law of cooling. A critique of this error in 1932 remained ineffective. In 1969 Molnar tested Newton's cooling law. In 1971 Strunk found Newtonian cooling unrealistic for animals. Unfortunately, he called the Fourier formulation of animal heat flow, requiring post-Newtonian observations, a "contemporary Newtonian law of cooling."

  14. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  15. Chronicle 1998, Administrative law/Droit administratif

    NARCIS (Netherlands)

    Bok, A.J.

    1999-01-01

    In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the

  16. [Law-making "pioneers" of scientometrics].

    Science.gov (United States)

    Schubert, András; Schubert, Gábor

    2016-01-10

    The three much cited laws of scientometrics are the laws of Bradford, Lotka and Zipf. The authors briefly review the scientific career of the men behind the names, and that how they discovered the laws named after them. An outline is also given of the scientific aftermath of the laws and of the oeuvre of their eponym.

  17. Introductory Guide to European Corporate Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex

    Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

  18. Space Law Conference 2004 Held in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    pace Law Conference 2004 Iointly organized by International Institute of Space Law (IISL) and China Institute of Space Law (CISL) was held in Beijing, China on 26427 April 2004. The purpose of this conference is to increase knowledge and expertise relating to space law in China and the

  19. 32 CFR 537.5 - Applicable law.

    Science.gov (United States)

    2010-07-01

    .... However, as to what law of damages is applicable, Maryland or Virginia depecage (choice of law) theory may... on the right to recover under local law, for example, the right of a third party to recover workers' compensation benefits is based on local law. However, the right of a third-party beneficiary to recover...

  20. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  1. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  2. Education Law Texts Usage: Survey Results.

    Science.gov (United States)

    Sullivan, Kathleen A.; Zirkel, Perry A.

    1998-01-01

    Identifies the textbooks professors use in education law courses, based on a survey of 110 members of the Education Law Association during 1996-97. Almost half preferred Alexander and Alexander's "American School Law," with McCarthy and Caqmbron-McCabe's "Public School Law" a close second. Only 44% required or suggested additional nontextbook…

  3. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

    This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

  4. 31 CFR 210.3 - Governing law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Governing law. 210.3 Section 210.3... CLEARING HOUSE § 210.3 Governing law. (a) Federal law. The rights and obligations of the United States and..., are governed by this part, which has the force and effect of Federal law. (b) Incorporation...

  5. 14 CFR 155.3 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph,...

  6. 7 CFR 1900.102 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency under Public Law 103-354 are authorized and executed pursuant to Federal programs adopted by Congress...

  7. 22 CFR 231.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws...

  8. 32 CFR 842.66 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 842.66 Section 842.66 National... CLAIMS Foreign Claims (10 U.S.C. 2734) § 842.66 Applicable law. This paragraph provides guidance to determine the applicable law for assessment of liability. (a) A claim is settled under the law and...

  9. Amdahl's and Gustafson-Barsis laws revisited

    CERN Document Server

    Karbowski, Andrzej

    2008-01-01

    The paper presents a simple derivation of the Gustafson-Barsis law from the Amdahl's law. In the computer literature these two laws describing the speedup limits of parallel applications are derived separately. It is shown, that treating the time of the execution of the sequential part of the application as a constant, in few lines the Gustafson-Barsis law can be obtained from the Amdahl's law and that the popular claim, that Gustafson-Barsis law overthrows Amdahl's law is a mistake.

  10. Zipf Law for Brazilian Cities

    CERN Document Server

    Moura, N J; Jr., Newton J. Moura; Ribeiro, Marcelo B.

    2006-01-01

    This work studies the Zipf Law for cities in Brazil. Data from censuses of 1970, 1980, 1991 and 2000 were used to select a sample containing only cities with 30,000 inhabitants or more. The results show that the population distribution in Brazilian cities does follow a power law similar to the ones found in other countries. Estimates of the power law exponent were found to be 2.22 +/- 0.34 for the 1970 and 1980 censuses, and 2.26 +/- 0.11 for censuses of 1991 and 2000. More accurate results were obtained with the maximum likelihood estimator, showing an exponent equal to 2.41 for 1970 and 2.36 for the other three years.

  11. Rule of Law Fully Founded

    Institute of Scientific and Technical Information of China (English)

    XIN CHUNYING

    2011-01-01

    Governing the country according to the law and building a socialist state with rule of law are fundamental strategies for running the country under the leadership of the Communist Party of China.Since the founding of the People's Republic of China,especially over the past three decades of reform and opening-up,through the unremitting efforts of the National People's Congress and its Standing Committee,the State Council,the local people's congresses and their standing committees,as well as all sectors of society,by the end of August,2011,China had enacted the Constitution and the 240 laws,706 administrative regulations and more than 8,600 local regulations that are now in force.

  12. European Union competition law, intellectual property law and standardization

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

    This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by

  13. Positive Positive Law: a Dworkinian Move in Dutch Environmental Law

    NARCIS (Netherlands)

    Borgers, H.; van der Heijden, J.

    2012-01-01

    This paper starts with the practice of spatial development, and with legal practice, to come up with three reasons why a new environmental act is necessary. The Dutch legislature is working on that these years and in its commission we’ve been looking for change within environmental law. Our first st

  14. Newton's Laws, Euler's Laws and the Speed of Light

    Science.gov (United States)

    Whitaker, Stephen

    2009-01-01

    Chemical engineering students begin their studies of mechanics in a department of physics where they are introduced to the mechanics of Newton. The approach presented by physicists differs in both perspective and substance from that encountered in chemical engineering courses where Euler's laws provide the foundation for studies of fluid and solid…

  15. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally con

  16. The Public Schools Contracts Law. Focus on School Law Series.

    Science.gov (United States)

    Dabreu, O. Lisa

    New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

  17. The character of physical law: seeking new laws

    CERN Document Server

    BBC TV Science & Features

    1965-01-01

    In this series of Messenger Lectures given at Cornell University, Nobel Prize winning theoretical physicist Richard Feynman explores physical principles and the study of physics. In this talk Dr. Feynman considers our knowledge of the p hysical world and looks at the art of guessing as a useful method for discovering new physical laws.

  18. TEACHING LAW TO ONLINE LAW STUDENTS AT RMIT UNIVERSITY

    Directory of Open Access Journals (Sweden)

    an BABACAN

    2011-04-01

    Full Text Available This paper discusses the online Juris Doctor Program (JD Program at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching and learning, it is argued that online education needs to facilitate deep learning and needs to be based on principles relating to student engagement and active participation.The second part of the paper showcases some of the courses that are taught on an online basis in the JD Program. A blended approach is adapted to the teaching of the advocacy as well as the Negotiation and Dispute Resolution courses. The Contracts Law course adopts a conversational framework to engage online law students. In discussing the online teaching and assessment practices in this course, the paper demonstrates how the teaching and assessment practices in these courses enhance deep learning and graduate skills and attributes essential for law students through premising the activities on principles relating to active learning and deep learning.

  19. Snell's Law for Spin Waves

    Science.gov (United States)

    Stigloher, J.; Decker, M.; Körner, H. S.; Tanabe, K.; Moriyama, T.; Taniguchi, T.; Hata, H.; Madami, M.; Gubbiotti, G.; Kobayashi, K.; Ono, T.; Back, C. H.

    2016-07-01

    We report the experimental observation of Snell's law for magnetostatic spin waves in thin ferromagnetic Permalloy films by imaging incident, refracted, and reflected waves. We use a thickness step as the interface between two media with different dispersion relations. Since the dispersion relation for magnetostatic waves in thin ferromagnetic films is anisotropic, deviations from the isotropic Snell's law known in optics are observed for incidence angles larger than 25 ° with respect to the interface normal between the two magnetic media. Furthermore, we can show that the thickness step modifies the wavelength and the amplitude of the incident waves. Our findings open up a new way of spin wave steering for magnonic applications.

  20. Natural Law and Mechanical Engineering

    Directory of Open Access Journals (Sweden)

    P. C. Haarhoff

    1984-03-01

    Full Text Available The first technological revolution, in the fourth millennium BC, was followed by immense social progress. The second revolution, which is now taking place, could lead to an even greater development in the human sciences, by setting men free from their daily struggle for existence while simultaneously exacting high social standards. Natural law - the “marriage between the ways of heaven and the ways of earth” of the Chinese - represents a route to such progress. In natural science and technology, natural law demands that conclusions be based on observation rather than speculation. The social sciences would do well to follow this example.

  1. Jesus and the law revisited

    Directory of Open Access Journals (Sweden)

    William R.G. Loader

    2011-06-01

    Full Text Available This article revisited the issue of Jesus’ attitude towards the Torah on the basis of a critical discussion of the most recent extensive treatment of the theme by Meier in his A marginal Jew: Rethinking the historical Jesus: Volume four: Law and love (2009. It engaged Meier’s contribution in the light of contemporary research, concluding that, whilst Meier provided an erudite analysis, his thesis that Jesus’ teaching on divorce and oaths revoked Mosaic law did not convince, for it did not adequately consider the extent to which the contemporary interpretation of the Torah could encompass such radicalisation.

  2. Kelsen on Natural Law Theory

    OpenAIRE

    Chiassoni, Pierluigi

    2014-01-01

    In a series of essays published from the late 1920s up to the mid-1960s, Hans Kelsen carried out a radical critique of natural law theory. The present paper purports to provide an analytical reconstruction and critical assessment of such a critique. It contains two parts. Part one surveys the fundamentals of Kelsen’s argumentative strategy against natural law and its theorists. Part two considers, in turn, two critical reactions to Kelsen’s criticisms: by Edgar Bodenheimer, on behalf of tradi...

  3. Thermodynamic laws in isolated systems.

    Science.gov (United States)

    Hilbert, Stefan; Hänggi, Peter; Dunkel, Jörn

    2014-12-01

    The recent experimental realization of exotic matter states in isolated quantum systems and the ensuing controversy about the existence of negative absolute temperatures demand a careful analysis of the conceptual foundations underlying microcanonical thermostatistics. Here we provide a detailed comparison of the most commonly considered microcanonical entropy definitions, focusing specifically on whether they satisfy or violate the zeroth, first, and second laws of thermodynamics. Our analysis shows that, for a broad class of systems that includes all standard classical Hamiltonian systems, only the Gibbs volume entropy fulfills all three laws simultaneously. To avoid ambiguities, the discussion is restricted to exact results and analytically tractable examples.

  4. Marketing the Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Looking back at the last three decades of reform and opening up in China, many components of this process can now be examined in an attempt to ascertain what part they have played in the country’s political,social and economic growth.Rule of law and a harmonious society are some of the issues at stake.Professor Jiang Ping,former President of China University of Political Science and Law,discusses these and other areas of reform in an interview with China Economic Weekly.

  5. Contract theory and EU Contract Law

    OpenAIRE

    2016-01-01

    This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

  6. A Law of Physics in the Classroom: The Case of Ohm's Law

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

    Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

  7. Newton's Law of Cooling Revisited

    Science.gov (United States)

    Vollmer, M.

    2009-01-01

    The cooling of objects is often described by a law, attributed to Newton, which states that the temperature difference of a cooling body with respect to the surroundings decreases exponentially with time. Such behaviour has been observed for many laboratory experiments, which led to a wide acceptance of this approach. However, the heat transfer…

  8. Law and the Student Press.

    Science.gov (United States)

    Stevens, George E.; Webster, John B.

    Court cases and legal decisions involving the student press in the late 1960s and early 1970s are brought together in this book in order to show how the law has been applied to school officials and student journalists in high school, college, and the underground. The ten chapters cover the following topics: censorship, libel, obscenity, contempt,…

  9. The Law of the Sea

    Science.gov (United States)

    Levy, Jean-Pierre

    1978-01-01

    Recounts problems related to the law of the sea and suggests that these problems could be dealt with in the classroom in an interdisciplinary manner. Problems include pollution control, fishing rights, development of deep sea mineral deposits, and shore access. (Author/DB)

  10. Predictive implications of Gompertz's law

    CERN Document Server

    Richmond, Peter

    2015-01-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold even for ages over 100. Beyond 106 there is so far no statistical evidence available because the number of survivors is too small even in the largest nations. However assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1,000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis usi...

  11. School Law in Review 1997.

    Science.gov (United States)

    Pacific Association for Continuing Education, Vancouver (British Columbia).

    This compilation of the presentations delivered at the NSBA Council of School Attorneys' Annual School Law Seminar includes the following papers: (1) "The 'Dimensions' of Trial Advocacy" (Keith Evans); (2) "Attention Deficit Hyperactivity Disorder (ADHD): Who Has It and Who Doesn't" (Jerry L. Wyckoff); (3) "Student-to-Student Sexual Harassment and…

  12. Formal law and customary change

    NARCIS (Netherlands)

    Cecchi, Francesco; Melesse, Mequanint Biset

    2016-01-01

    Do customary courts strategically adapt arbitration outcomes if they face increased competition by the formal law? Through a lab-in-field experiment with villagers and real customary judges in rural Ethiopia, we show that post-arbitration payouts to agents disfavored by the customary system are d

  13. Law School Academic Support Programs.

    Science.gov (United States)

    Wangerin, Paul T.

    1989-01-01

    This article attempts to bridge a perceived gap between legal education and education theory as well as the gap between academic counseling and independent learning by examining law school academic support programs. The article argues that a multidisciplinary analysis provides a helpful basis for evaluating academic support programs that address…

  14. Transgender Discrimination and the Law

    Science.gov (United States)

    Trotter, Richard

    2010-01-01

    An emerging area of law is developing regarding sex/gender identity discrimination, also referred to as transgender discrimination, as distinguished from discrimination based on sexual orientation. A transgendered individual is defined as "a person who has a gender-identity disorder which is a persistent discomfort about one?s assigned sex or…

  15. Lotka's Law and Institutional Productivity.

    Science.gov (United States)

    Kumar, Suresh; Sharma, Praveen; Garg, K. C.

    1998-01-01

    Examines the applicability of Lotka's Law, negative binomial distribution, and lognormal distribution for institutional productivity in the same way as it is to authors and their productivity. Results indicate that none of the distributions are applicable for institutional productivity in engineering sciences. (Author/LRW)

  16. Lotka's Law: A Testing Procedure.

    Science.gov (United States)

    Pao, Miranda Lee

    1985-01-01

    A step-by-step outline is presented for testing the applicability of Lotka's law of scientific productivity. Steps include the computation of the values of the exponent and constant based on Lotka's method and the test for significance of observed frequency distribution against the estimated theoretical distribution derived from Lotka's formula.…

  17. Cryonic Suspension and the Law.

    Science.gov (United States)

    Smith, George P.; Hall, Clare

    1987-01-01

    Analyzes three central problems which adversely affect use, development, and perfection of cryonic suspension of individuals: the extent to which a physician may be guilty of malpractice in assisting with a suspension; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a…

  18. Fundamentals of EU VAT law

    NARCIS (Netherlands)

    van Doesum, A.; van Kesteren, H.W.M.; van Norden, G.J.

    2016-01-01

    Fundamentals of EU VAT Law aims at providing a deep insight into the systematics, the functioning and the principles of the European Value Added Tax (VAT) system. VAT is responsible for generating approximately EUR 903 billion per year in tax revenues across the European Union – revenues that play a

  19. Derivation of Jurin's Law Revisited

    Science.gov (United States)

    Rodriguez-Valverde, Miguel Angel; Miranda, Maria Tirado

    2011-01-01

    The capillary rise/fall of a liquid within a thin capillary tube is described by the well-established Jurin's law. The liquid reaches an equilibrium height/depth as the capillary pressure is balanced by the hydrostatic pressure. When the adhesion force at the three-phase contact line is counteracted by the liquid weight, the liquid column also…

  20. [Forensic psychiatry and Islamic law].

    Science.gov (United States)

    Geferakos, G; Lykouras, L; Douzenis, A

    2014-01-01

    Islam is the second most popular monotheistic religion in the world. Its followers, the Muslims, are about 1.2 billion people and are the majority in 56 countries around the globe. Islam is an holistic way and model of life and its rules, according to a large proportion of Muslims, should have more power than the laws deriving from any secular authority. This means that the divine laws, as depicted from Islam's holy scripts, should be the laws of the land. In the strict Islamic states, as Saudi Arabia, the Islamic law or the Shari'ah prevails. Shari'ah means the path, the road each faithful Muslim should follow according to the rules of God. The Islamic views on mental health have some interesting characteristics: on the one hand, the moral necessity for the protection and care of the vulnerable individuals is very strong, but on the other hand superstitions and stigmatization influence the peoples' attitude against mental health patients. At the beginning of its historical course, Islamic world was a pioneer concerning mental health care. Unfortunately, as time passed by, we have observed considerable regression. In our days mental health services provided in most of the Islamic states cannot be considered adequate according to modern Western standards. The same course characterizes the Forensic Psychiatric services and the relevant legislation in the Islamic world.

  1. Predictive implications of Gompertz's law

    Science.gov (United States)

    Richmond, Peter; Roehner, Bertrand M.

    2016-04-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold up to age 106. At that age the death rate is about 50%. Beyond 106 there is so far no convincing statistical evidence available because the number of survivors are too small even in large nations. However, assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis using historical data over a time period of almost two centuries. Another prediction arising from this fixed-point model, is that, above a given population threshold, the lifespan of the oldest persons is independent of the size of their national community. This prediction is also supported by empirical evidence.

  2. General Laws and Centripetal Science

    NARCIS (Netherlands)

    Jagers Op Akkerhuis, G.A.J.M.

    2014-01-01

    The large number of discoveries in the last few decades has caused a scientific crisis that is characterised by overspecialisation and compartmentalisation. To deal with this crisis, scientists look for integrating approaches, such as general laws and unifying theories. Representing what can be cons

  3. Chinese Insolvency Law Lacks Teeth

    NARCIS (Netherlands)

    B. Krug (Barbara); N.E. Betancourt (Nathan); H. Hendrischke (Hans)

    2011-01-01

    textabstractThe speed by which China has moved towards a market economy has not been accompanied by a similar development of its judiciary system. Since the early 1990s, foundational national legislation with a direct effect on firms, such as laws dealing with contract, investment, liability and ins

  4. Random networks and mixing laws

    Energy Technology Data Exchange (ETDEWEB)

    Madden, T.R.

    1976-12-01

    Random networks are investigated as models of heterogeneous media. A general approximate structure is used where the networks are described as a system of embedded networks, and the critical behavior and averaging behavior of such networks are developed. These results are applied to a study of the electrical conductivity of porous media, with special attention to an Archie's law behavior. It appears that the wide range of crack and pore widths in rocks makes the resulting conductivity relatively insensitive to the topology of their interconnections and allows one to make reasonable predictions of rock conductivities, given the distribution of crack and pore widths. It also appears that with low porosity rocks the conductivity is controlled by the microcrack population which only accounts for a fraction of the total porosity. It would seem, therefore, that Archie's law is a feature of some general trend between porosity and crack and pore width distributions rather than a fundamental property of porous media. The law of the geometric mean is an accurate predictor of the physical properties of a mixture of different materials. This mixing law can result from an equal balance of series and parallel arrangements which can be produced by an appropriate distribution of shapes. A brief look is given to problems of anisotropic distributions for the conductivity problem, and it is shown how the averaging process greatly dilutes the microscopic anisotropy in producing the macroscopic properties.

  5. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  6. The Law and Special Education.

    Science.gov (United States)

    Yell, Mitchell L.

    This textbook provides information on the legal development of special education, the current legal requirements in providing a free appropriate public education to students with disabilities, and the procedures involved in obtaining legal information in law libraries and on the Internet. Specifically, the 16 chapters address: (1) sources of law…

  7. Censorship, Schooling, and the Law.

    Science.gov (United States)

    Fischer, Louis; Sorenson, Gail Paulus

    1979-01-01

    This essay highlights issues in the legal aspects of school related censorship and summarizes the current law under the following categories: general considerations, the Tinker principle, prior review of student publications, censorship of classroom speech and materials, and censorship of library resources. (Author)

  8. Personal Law and Consumer Problems

    Science.gov (United States)

    Graf, David

    1972-01-01

    There is little doubt at Minnetonka High School that the integrated personal law and consumer problems course is effective. The areas studied promote variety, concentration on vital matters, and student interest in the business department as a source of general education. (Author)

  9. International humanitarian law: an introduction.

    Science.gov (United States)

    Baer, Hans-Ulrich; Hostettler, Peter

    2002-08-01

    War is the ultimate form of human relations. From a Christian and Jewish point of view, it negates the most important of the Ten Commandments: "Thou shallt not kill." Is it pure illusion to believe that war may be subject to legal rules? Was Cicero possibly right when he wrote inter arma silent leges (in war, the law is silent)? The horrors of wars in the last decades have made it clear that Cicero's approach would lead us to the ultimate catastrophe, simply because the destructive potential of modern weaponry is so overwhelming that we need rules governing warfare. This article intends to provide the reader with a brief introduction to the Law of Armed Conflict, its genesis, and its basic rules and principles with particular emphasis on rules regulating medical issues. Finally, we would like to show ways to implement Law of Armed Conflict in peacetime and during armed conflict. Where appropriate, reference is also made to the complementary body of human rights law and to standards of medical ethics.

  10. Various Paths to Faraday's Law

    Science.gov (United States)

    Redzic, Dragan V.

    2008-01-01

    In a recent note, the author presented a derivation of Faraday's law of electromagnetic induction for a closed filamentary circuit C(t) which is moving at relativistic velocities and also changing its shape as it moves via the magnetic vector potential. Recently, Kholmetskii et al, while correcting an error in an equation, showed that it can be…

  11. Faraday's Law and Seawater Motion

    Science.gov (United States)

    De Luca, R.

    2010-01-01

    Using Faraday's law, one can illustrate how an electromotive force generator, directly utilizing seawater motion, works. The conceptual device proposed is rather simple in its components and can be built in any high school or college laboratory. The description of the way in which the device generates an electromotive force can be instructive not…

  12. European Energy Law. Report IV

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2007-07-01

    The European Energy Law Report IV presents an overview of the most important legal developments in the field of EU and national energy law as discussed at the 2006 European Energy Law Seminar. It examines recent developments in EU and National Law affecting the energy sector. This includes the increasing use of EU competition law to liberalise the energy markets, the long-awaited implementation of the 2003 Electricity and Gas Directives in Germany and an assessment of Regulation 1775/2005 and its effect on the European gas market. Besides the energy market liberalisation, the Community is increasingly paying attention to the need for a sustainable and clean energy supply. The second part of the book therefore includes chapters on legal issues resulting from the experiences on emission trading in 2005-2007, the regulatory challenges resulting from the new Commission Energy Policy, the impact of the Amsterdam and Berlin Fora on EU Energy policy, and the EU policy framework on energy efficiency. An important tool for improving energy efficiency is the introduction of white certificates. The third part of the report presents the basic principles of white certificates as well as practical experiences and policies in some member states like Italy, France, The Netherlands and the UK. The final part of the report considers several issues related to the development and use of subsea electricity interconnectors and pays special attention to the development of the NorNed cable. It raises the need for a Treaty perspective on the developments of such subsea interconnectors. Then some regulatory views on the development of the NorNed cable and market coupling through the cable are presented. Finally, the economic and regulatory distinction between regulated and merchant interconnectors is discussed.

  13. Law and public health at CDC.

    Science.gov (United States)

    Goodman, Richard A; Moulton, A; Matthews, G; Shaw, F; Kocher, P; Mensah, G; Zaza, S; Besser, R

    2006-12-22

    Public health law is an emerging field in U.S. public health practice. The 20th century proved the indispensability of law to public health, as demonstrated by the contribution of law to each of the century's 10 great public health achievements. Former CDC Director Dr. William Foege has suggested that law, along with epidemiology, is an essential tool in public health practice. Public health laws are any laws that have important consequences for the health of defined populations. They derive from federal and state constitutions; statutes, and other legislative enactments; agency rules and regulations; judicial rulings and case law; and policies of public bodies. Government agencies that apply public health laws include agencies officially designated as "public health agencies," as well as health-care, environmental protection, education, and law enforcement agencies, among others.

  14. Laws of reflection and Snell's law revisited by video modeling

    Science.gov (United States)

    Rodrigues, M.; Simeão Carvalho, P.

    2014-07-01

    Video modelling is being used, nowadays, as a tool for teaching and learning several topics in Physics. Most of these topics are related to kinematics. In this work we show how video modelling can be used for demonstrations and experimental teaching in optics, namely the laws of reflection and the well-known Snell's Law of light. Videos were recorded with a photo camera at 30 frames/s, and analysed with the open source software Tracker. Data collected from several frames was treated with the Data Tool module, and graphs were built to obtain relations between incident, reflected and refraction angles, as well as to determine the refractive index of Perspex. These videos can be freely distributed in the web and explored with students within the classroom, or as a homework assignment to improve student's understanding on specific contents. They present a large didactic potential for teaching basic optics in high school with an interactive methodology.

  15. Teaching Law To Online Law Students At Rmit University

    OpenAIRE

    an BABACAN

    2011-01-01

    This paper discusses the online Juris Doctor Program (JD Program) at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching and learning, it is argued that online education needs to facilitate deep learning and needs to be based on principles relating to student engagement ...

  16. Preaching in the perspective of civil law

    Directory of Open Access Journals (Sweden)

    Piotr Kroczek

    2016-03-01

    Full Text Available Preaching the word of God is the part of the ministry of the divine word. The activity belongs exclusively to the Church and is regulated by the church law, but it is also under regime of Polish law. The article focuses on the Polish civil law and treats about: copyright law, the protection of secret information in labor law and in educational law, the obligation of silence before election day, and protection of personal interests. The catholic ministers must be aware of the civil liability for the preaching.

  17. Energy law in Europe - national, EU and international law and institutions

    Energy Technology Data Exchange (ETDEWEB)

    Roggenkamp, Martha M. [Leiden Univ., International Inst. for Energy Law, Leiden (Netherlands); Roenne, Anita [Copenhagen Univ., Copenhagen (Denmark); Redgwell, Catherine [St. Peter' s Coll., Oxford (United Kingdom); Guayo, Inigo del [Almeria Univ., Almeria (ES)] (eds.)

    2001-07-01

    This work provides a comparative survey, analysis and synthesis of energy law and regulation under EU and international law and in eight key European energy producing jurisdictions (Denmark, France, Germany, Italy, Netherlands, Norway, Spain, United Kingdom). In addition to separate chapters focusing on the law and institutions of each jurisdiction in turn, there are also major chapters on the impact of international law, environmental law issues, the CEEC and Energy Charter Treaty and EU Energy Law. (Author)

  18. Law of Conservation of Muons

    Science.gov (United States)

    Feinberg, G.; Weinberg, S.

    1961-02-01

    A multiplicative selection rule for mu meson-electron transitions is proposed. A "muon parity" = -1 is considered for the muon and its neutrino, while the "muon parity" for all other particles is +1. The selection rule then states that (-1) exp(no. of initial (-1) parity particles) = (-1) exp(no. of final (-1) parity particles). Several reactions that are forbidden by an additive law but allowed by the multiplicative law are suggested; these reactions include mu{sup +} .> e{sup +} + nu{sub mu} + {ovr nu}{sub e}, e{sup -} + e{sup -} .> mu{sup -} + mu{sup -}, and muonium .> antimuonium (mu{sup +} + e{sup -} .> mu{sup -} + e{sup +}). An intermediate-boson hypothesis is suggested. (T.F.H.)

  19. [Drug trafficking and international law].

    Science.gov (United States)

    Marini, Luca

    2002-01-01

    The production, the commerce and the use of drugs and other substances are ruled by several conventions of international law, that, at first, have had as object the production and the commerce of drugs for lawful purposes, and the measures required to prevent and to repress, at certain conditions, abuses and unlawful traffics. Just more recently, following some solicitations noticed by the International Community, and according to the concept of "well-balanced approach" described in the text, the measures introduced in this way were supported by a more incisive international movement, fit for the repression of unlawful traffics of drugs and to the adoption of suitable measures of prevention, also to avoid, at national level, sanitary, social and economical implications of the criminal phenomenon.

  20. Property law: a cognitive turn.

    Science.gov (United States)

    Blumenthal, Jeremy A

    2010-04-01

    Despite more than a century of research by psychologists on issues relating to the law, most such research has focused on a small subset of topics relevant to the legal system. Here, I review several legal topics amenable to psychological research that fall under the broad umbrella of property law: (1) how the concepts of property and ownership are represented cognitively; (2) the relationship between wealth and happiness, consumer behavior, and the priming effect of money concepts; (3) animal and child development in cognition about and behavior toward property and ownership; and (4) the relevance of psychological research on home to legal policy. These and other areas provide potential research agendas for cognitive and social cognitive psychologists. After noting the importance of such research for legal doctrine, theory, and policy, I close with suggestions for effectively communicating empirical findings to the legal community.

  1. One Stop Group Law Shop?

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2012-01-01

    The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force...... in the parent company's country of domicile, thus facilitating cross-border activities and establishment for European groups of companies. The article argues that an analogy should be drawn from the CCCTB Directive (the Directive on a Common Consolidated Corporate Tax Base) which is on the threshold of being...... adopted in 2012, allowing cross-border groups to be taxed for corporate tax purposes according to the corporate tax provisions in the country of domicile of the parent company....

  2. Arranged marriages annulled by law.

    Science.gov (United States)

    Zhu, H

    1996-06-01

    The arranged marriages of 210 young people in Yongle Town in Zunyi County of Guizhou Province were dissolved in 1995. The proportion of child betrothals, which generally happens among close relatives, is as high as 85% in the town. Some engagements, known as fetus betrothals or belt betrothals, are arranged before the children are born or while they are still infants strapped (belted) to their mothers. Dissemination of information from the Constitution, the Marriage Law, and the Regulations on the Registration of Marriage concerning marriage, healthier births, and good upbringing of children, and other information on reproductive health, has shown young people that they have the freedom to love and marry of their own free will, that their marriage is protected by law, and that consanguineous marriage is harmful to the health of future generations. Some convinced their parents that their arranged marriages should be annulled.

  3. Information Warfare and International Law

    Science.gov (United States)

    1998-01-01

    terrorists, or even enemy nations. Perhaps the most dramatic example occurred on Martin Luther King Day in 1990, when the AT&T long distance network failed...state of the law on such topics as the use of nuclear weapons, seabed mining, or the equation of Zionism with racism . 208 There is no reason...International Telecommunications Agreements 67-69 (1986). 35 Harold M. White, Jr . & Rita Lauria, The Impact of New Communication Technologies on

  4. Fundamental Scaling Laws in Nanophotonics

    OpenAIRE

    Ke Liu; Shuai Sun; Arka Majumdar; Volker J. Sorger

    2016-01-01

    The success of information technology has clearly demonstrated that miniaturization often leads to unprecedented performance, and unanticipated applications. This hypothesis of “smaller-is-better” has motivated optical engineers to build various nanophotonic devices, although an understanding leading to fundamental scaling behavior for this new class of devices is missing. Here we analyze scaling laws for optoelectronic devices operating at micro and nanometer length-scale. We show that optoe...

  5. Fourier's Law in Quantum Mechanics

    CERN Document Server

    Seligman, Thomas H

    2010-01-01

    We derive Fourier's law for a completely coherent quantum system coupled locally to two heat baths at different temperatures. We solve the master equation to first order in the temperature difference. We show that the heat conductance can be expressed as a thermodynamic equilibrium coefficient taken at some intermediate temperature. We use that expression to show that for temperatures large compared to the mean level spacing of the system, the heat conductance is inversely proportional to the length of the system.

  6. Natural Law and Mechanical Engineering

    OpenAIRE

    P. C. Haarhoff

    1984-01-01

    The first technological revolution, in the fourth millennium BC, was followed by immense social progress. The second revolution, which is now taking place, could lead to an even greater development in the human sciences, by setting men free from their daily struggle for existence while simultaneously exacting high social standards. Natural law - the “marriage between the ways of heaven and the ways of earth” of the Chinese - represents a route to such progress. In natural science and technolo...

  7. Limit laws for exponential families

    OpenAIRE

    Balkema, August A.; Klüppelberg, Claudia; Resnick, Sidney I.

    1999-01-01

    For a real random variable [math] with distribution function [math] , define ¶ [math] ¶ The distribution [math] generates a natural exponential family of distribution functions [math] , where ¶ [math] ¶ We study the asymptotic behaviour of the distribution functions [math] as [math] increases to [math] . If [math] then [math] pointwise on [math] . It may still be possible to obtain a non-degenerate weak limit law [math] by choosing suitable scaling and centring constants [math] an...

  8. EU Law and Multiple Discrimination

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    2006-01-01

    In EU law, nationality and gender were the only equality issues on the legal agenda from the outset in 1958 and for about 40 years. Multiple discrimination was not addressed until the 1990's. The intersectionality approach which has been widely discussed outside Europe has mainly been used...... with a view to gendermainstreaming the fight against other kinds of discrimination (on grounds of ethnic origin, age, etc)....

  9. Do Insider Trading Laws Work?

    OpenAIRE

    2000-01-01

    By calculating an estimated measure of undetected insider trading, this paper shows that profits made by informed corporate insiders prior to tender offer announcements increase after the first enforcement of insider trading laws. I analyze the effects of Insider Trading regulation on a sample of 5,099 acquisitions in 56 different countries, and estimate the profits due to insider trading from the abnormal volume in the weeks prior to the announcement, under the assumption that insiders purch...

  10. The international environmental law of cooperation

    Energy Technology Data Exchange (ETDEWEB)

    Stoll, P.T. [Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg (Germany)

    1996-12-31

    The author puts the question of whether the international environmental law can be called an international law of cooperation and examines its particular features and the available instruments for transboundary cooperation on various levels. (Orig./CB)

  11. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

    The article analyses the case law of the ECJ on abuse of rights with the aim to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights...

  12. MIXED REACTION TO WORKERS’ RIGHTS LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Legal protection for workers’ rights, adopted this year, has been applauded by workers but criticized by management Few Chinese laws have taken as longto draft as the Labor Contract Law,which after 11 years in the draft process

  13. Law and Social Change in Marxist Africa

    Science.gov (United States)

    Hazard, John N.

    1970-01-01

    The basic concepts discussed are: social change manipulation through management of economic resources; the leadership of the few that understand the process; and, the law as the primary instrument of implementation (criminal, family, public laws). (SE)

  14. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

    Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

  15. Labor law update--Part 1.

    Science.gov (United States)

    Fiesta, J

    1997-01-01

    To ensure proper actions when making managerial decisions, nurses must be aware of labor laws and the policies that apply to them. Part 1 of "Labor Law Update" discusses public policy considerations and gender, racial and pregnancy discrimination.

  16. The Unification of Private International Law

    Directory of Open Access Journals (Sweden)

    Emira Kazazi

    2015-07-01

    Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

  17. Power laws and market crashes

    CERN Document Server

    Kaizoji, T

    2006-01-01

    In this paper, we quantitatively investigate the statistical properties of a statistical ensemble of stock prices. We selected 1200 stocks traded on the Tokyo Stock Exchange, and formed a statistical ensemble of daily stock prices for each trading day in the 3-year period from January 4, 1999 to December 28, 2001, corresponding to the period of the forming of the internet bubble in Japn, and its bursting in the Japanese stock market. We found that the tail of the complementary cumulative distribution function of the ensemble of stock prices in the high value of the price is well described by a power-law distribution, $ P(S>x) \\sim x^{-\\alpha} $, with an exponent that moves in the range of $ 1.09 < \\alpha < 1.27 $. Furthermore, we found that as the power-law exponents $ \\alpha $ approached unity, the bubbles collapsed. This suggests that Zipf's law for stock prices is a sign that bubbles are going to burst. PACS: 89.65.Gh

  18. European Energy Law. Report VI

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2009-07-01

    In four parts an overview is given of the most important legal developments in the field of EU and national energy law as discussed at the 2008 European Energy Law Seminar. The first part examines recent developments in the EU energy market liberalisation process. It includes developments in competition law and selected topics from the Third Energy Package, i.e. ownership unbundling and the establishment of an Agency for Energy Regulators. The second part focuses on the need for network investments in a liberalised energy market. It addresses the adequacy of the legal regime for investments in electricity networks and provides an analysis of the Commission's policy on TPA (Third Party Access) exemption requests for a new gas infrastructure. How to balance energy market liberalisation and supply security? Part 3 first addresses the Third Energy Package internal and external aspects of supply security. This is followed by an analysis of the reciprocity clauses in the ECT, a chapter on the development and impact of the Nord Stream pipeline and an analysis of the EU's view on supply security in the second strategic energy review. The final part of the book examines the role of the State in energy production. It includes chapters on the re-organisation of State participation in the upstream oil and gas sector in the Netherlands and Denmark and an analysis of the impact of the 2007 EFTA Court decisions on the Norwegian hydro power sector.

  19. Cortical Correlates of Fitts’ Law

    Directory of Open Access Journals (Sweden)

    Peter eIfft

    2011-12-01

    Full Text Available Fitts' law describes the fundamental trade-off between movement accuracy and speed: It states that the duration of reaching movements is a function of target size and distance. While Fitts' law has been extensively studied in ergonomics and has guided the design of human-computer interfaces, there have been few studies on its neuronal correlates. To elucidate sensorimotor cortical activity underlying Fitts’ law, we implanted two monkeys with multielectrode arrays in the primary motor (M1 and primary somatosensory (S1 cortices. The monkeys performed reaches with a joystick-controlled cursor towards targets of different size. The reaction time, movement time and movement velocity changed with target size, and M1 and S1 activity reflected these changes. Moreover, modifications of cortical activity could not be explained by changes of movement parameters alone, but required target size as an additional parameter. Neuronal representation of target size was especially prominent during the early reaction time period where it influenced the slope of the firing rate rise preceding movement initiation. During the movement period, cortical activity was mostly correlated with movement velocity. Neural decoders were applied to simultaneously decode target size and motor parameters from cortical modulations. We suggest using such classifiers to improve neuroprosthetic control.

  20. Energy law and the environment

    Energy Technology Data Exchange (ETDEWEB)

    Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

    2006-08-15

    The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

  1. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  2. Law and Justice in Community: The Significance of the Living Law

    Directory of Open Access Journals (Sweden)

    Oran Doyle

    2011-09-01

    Full Text Available Law and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in his Concept of Law. However, Hart viewed all law through the lens of state law, with the result that he did not identify the purpose of law. Conversely, Barden and Murphy view all law through the lens of the living law, with the result that they do not identify some of the most acute issues raised by pervasive state law. Ultimately, each account is helpful as a corrective to the other.

  3. Book Review for the Major Issues in Company Law (with Chinese and English Comparative Law Notes)

    Institute of Scientific and Technical Information of China (English)

    Meng Wan

    2011-01-01

    @@ Major Issues in Company Law (with Chinese and English Comparative Law Notes) is the first bilingual book in company law published by Sweet & Maxwell,part of the Thomson-Reuters group.The author Peter Koh Soon Kwang is a lawyer qualified to practice law in three common law jurisdictions: England,Singapore and British Columbia in Canada.He has also taught for more than 9 years at leading law schools in China and other common law countries, and this book is the culmination of his years of legal practice and academic studies in common law countries and China.The theme of this book is to first introduce and analyze major issues in English company law system, and then to analyze related issues in Chinese company law system in a comparative way, based on his vast lecturing experiences in major law schools in China.

  4. Rediscovering Kepler's Third Law using NASA data

    Science.gov (United States)

    Keith, Jason; Springsteen, Paul

    2009-10-01

    Kepler's three laws of planetary motion were discovered around four hundred years ago using data that was meticulously gathered by Tycho Brahe through naked eye observations. Here we will show that the same Kepler's result illustrated in his third planetary law still holds today, by using modern data from NASA. In addition, we discuss how all three of Kepler's laws of planetary motion can be derived directly from Newton's Gravitational law.

  5. Magna Carta And The Roman Law Tradition

    OpenAIRE

    Mehmeti Sami

    2015-01-01

    Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and ...

  6. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...... read Business Law, Europe ( 978-87-996778-2-5) - the book on some essential issues of European business law....

  7. Religionsfrihed i Kina & The Rule of Law

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2011-01-01

    Artiklen redegør for aktuel kinesisk religionsret, sammenstiller den med internationale religionsretlige grundbegreber og anvender dette empiriske materiale til en reflektion over begreberne Rule of Law vs Rule by Law......Artiklen redegør for aktuel kinesisk religionsret, sammenstiller den med internationale religionsretlige grundbegreber og anvender dette empiriske materiale til en reflektion over begreberne Rule of Law vs Rule by Law...

  8. 32 CFR 935.20 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating...

  9. European Energy Law. Report VII

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2010-04-15

    The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

  10. Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law

    OpenAIRE

    Genneby, Johan

    2003-01-01

    The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map o...

  11. Why Catholic Universities Should Engage International Law

    Science.gov (United States)

    George, William P.

    2008-01-01

    This article argues that Catholic universities should vigorously engage international law for at least three reasons. First, international law is an indispensible dialogue partner for Catholic Social Teaching (CST). Since CST belongs in Catholic higher education, so too does international law. Second, in numerous ways and on a global scale,…

  12. Law and Ethics in Cooperative Education.

    Science.gov (United States)

    Goldstein, Michael B.

    1984-01-01

    Recognizes that cooperative education encompasses two different and distinct areas of law: the law of higher education and the law of the work place. Cooperative education crosses these areas; consideration of its legal and ethical imperatives must include contradictions as well as overlap. (JOW)

  13. Law as a Tale of Identity

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2010-01-01

    Understanding law as a tale of identity, indentity includes what we ought as much as what we are. Criticism of law and literature of seing literature as having precende over law which is a mere technicality. Different human rights consceptions in Denmark compared to Europe equal diffent identities....

  14. Pragmatism, Holism, and the Concept of Law

    NARCIS (Netherlands)

    A.M. Dyrda (Adam)

    2015-01-01

    textabstractWhen discussing O. W. Holmes’s answer to the question What constitutes the law? Morton White underlines the fact that Holmes’s inquiry didn’t focus on developing the concept of law. White states: ‘...Holmes said little in The Path of the Law about the notion of legal authority, perhaps b

  15. Can Law Become Curricula's Guidance Counselor?

    Science.gov (United States)

    Goslin, Kimberly G.

    2008-01-01

    This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…

  16. [Expertise in the context of criminal law].

    Science.gov (United States)

    Vermylen, Yvo

    2005-01-01

    The procedures of expert investigations in criminal law are different from those in civil law. Being an expert in criminal law investigations assumes thorough knowledge of dentistry, forensic investigations and of rules and procedures to follow. Adequate training and continuous education are mandatory.

  17. Law-Focused Education: A Statewide Program

    Science.gov (United States)

    Black, Watt L.

    1977-01-01

    Law Focused Education, Inc., a Texas nonprofit educational organization, has developed innovative programs designed (1) to promote law-related education among inservice social studies teachers and (2) to promote the incorporation of law-focused concepts into the graduate and undergraduate curriculum of those institutions with teacher education…

  18. Contract theory and EU Contract Law

    NARCIS (Netherlands)

    Hesselink, M.W.; Twigg-Flesner, C.

    2016-01-01

    This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories

  19. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

    Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...

  20. Islamic Law in the Modern World.

    Science.gov (United States)

    Kozlowski, Gregory C.

    1992-01-01

    Asserts that cultural differences and the media provide inaccurate impressions of both Islamic law and Euro-American law. Describes the historical background of Islamic law and the struggle between forces of fundamentalism and reform. Argues that the 2 legal systems have converged in the past 40 years. (CFR)

  1. Safe Haven Laws and School Social Work

    Science.gov (United States)

    Kopels, Sandra

    2012-01-01

    "Safe haven" laws are designed to protect infants from being killed or otherwise harmed. This article examines the safe haven laws from the states that comprise the Midwest School Social Work Council and the variations between these laws regarding the age of the infant, where the infant can be left, who is allowed to leave the infant, whether…

  2. Does China Need an Animal Protection Law?

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    On September 18,a number of Chinese law experts announced that they had drafted an animal protection act. China currently lacks a comprehensive basic law on animal protection. The underdeveloped legal system is thus unable to put all animals under effective protection. Thus,scholars suggested drafting China’s first law on the protection of

  3. Globalization of Constitutional Law and Civil Rights.

    Science.gov (United States)

    Weissbrodt, David

    1993-01-01

    Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)

  4. LAW EVERYONE SHOULD KNOW, ADULT COURSE OUTLINE.

    Science.gov (United States)

    GAENZLE, LAWRENCE W.; AND OTHERS

    THIS LATEST REVISION OF THE INTRODUCTORY COURSE IN LAW FOR LAYMEN (AS PRACTICED IN NEW YORK STATE) DISCUSSES THE NEW DIVORCE LAW, CAPITAL PUNISHMENT, PROTECTION AGAINST SELF-INCRIMINATION, AND TAKING AGAINST A WILL, AS WELL AS OTHER CHANGES IN THE LAW SINCE THE LAST REVISION IN 1961. COURSE 1 INCLUDES SESSIONS ON WILLS DEFINED, WILLS AND ESTATE…

  5. The emergence of global climate law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan; Farber, Daniel A.; Peeters, Marjan

    2016-01-01

    As the chapters in this Encyclopedia demonstrate, climate law is a dynamic and multidisciplinary field, implicating many diverse fields of law at all levels from municipal planning through multinational treaties. The outlines of an emerging global law can be discerned, including shared principles su

  6. Introduction: A Nordic Approach to International Law?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2016-01-01

    An introduction is presented in which editor discusses various articles within the issue on topics including the role of Nordics in shaping international law of neutrality, relationship between international law and domestic law within human rights and a Nordic approach to promoting women's rights....

  7. Battle Brewing Over Arkansas Creationism Law.

    Science.gov (United States)

    Baum, Rudy

    1981-01-01

    Reports recent proceedings regarding a new law enacted in early 1981 in Arkansas which requires schools that teach evolution to teach what the law calls "creation-science." Opposition to the law by the American Civil Liberties Union is discussed. (CS)

  8. The second laws of quantum thermodynamics.

    Science.gov (United States)

    Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

    2015-03-17

    The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

  9. The Minus Sign in Faraday's Law Revisited

    Science.gov (United States)

    O'Sullivan, Colm; Hurley, Donal

    2013-01-01

    By introducing the mathematical concept of orientation, the significance of the minus sign in Faraday's law may be made clear to students with some knowledge of vector calculus. For many students, however, the traditional approach of treating the law as a relationship between positive scalars and of relying on Lenz's law to provide the information…

  10. Should Principals Know More about Law?

    Science.gov (United States)

    Doctor, Tyrus L.

    2013-01-01

    Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

  11. 50 CFR 404.12 - International law.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  12. 32 CFR 842.111 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 842.111 Section 842.111 National... CLAIMS Claims Under the National Guard Claims Act (32 U.S.C. 715) § 842.111 Applicable law. (a) Extent of... the United States. The law of the place where the act or omission occurs governs liability. The...

  13. 22 CFR 221.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 221.43 Section 221.43 Foreign... Administration § 221.43 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the...

  14. 32 CFR 750.46 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Applicable law. 750.46 Section 750.46 National... Military Claims Act § 750.46 Applicable law. (a) Claims arising within the United States, Territories, Commonwealth, and Possessions. The law of the place where the act or omission occurred will be applied...

  15. 22 CFR 230.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 230.16 Section 230.16 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States...

  16. Admission to Law School: New Measures

    Science.gov (United States)

    Shultz, Marjorie M.; Zedeck, Sheldon

    2012-01-01

    Standardized tests have been increasingly controversial over recent years in high-stakes admission decisions. Their role in operationalizing definitions of merit and qualification is especially contested, but in law schools this challenge has become particularly intense. Law schools have relied on the Law School Admission Test (LSAT) and an INDEX…

  17. 22 CFR 204.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws...

  18. Law, Community and Ultima Ratio in Transnational Law

    Directory of Open Access Journals (Sweden)

    Massimo Fichera

    2013-01-01

    Full Text Available The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also focus on a general discussion on whether the market can be considered an integral part of a transnational community and the extent to which principles and ideas generated in criminal law can contribute to a community-oriented approach. Este artículo pretende examinar el concepto de derecho transnacional y la forma en las fuerzas del mercado influyen en la noción de comunidad en el ámbito transnacional. ¿Puede el principio de ultima ratio operar en este contexto y cómo debería ocurrir? Los últimos acontecimientos, incluida la ampliación de la legislación contra el blanqueo de dinero y las medidas adoptadas a raíz de la crisis económica, se utilizarán como casos emblemáticos que ilustran el desarrollo del derecho transnacional y su impacto en la sociedad. El análisis se centrará también en un análisis general sobre si el mercado puede ser considerado como parte integrante de una comunidad transnacional y en qué medida los principios e ideas generadas en el derecho penal pueden contribuir a un enfoque orientado a la comunidad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200872

  19. Biological observer-participation and Wheeler's `law without law'

    CERN Document Server

    Josephson, Brian D

    2011-01-01

    It is argued that at a sufficiently deep level the conventional quantitative approach to the study of nature runs into problems, and that biological processes should be seen as more fundamental, in a way that can be elaborated on the basis of Peircean semiotics. In such a world-view, Wheeler's observer-participation and emergent law arise naturally, rather than having to be imposed artificially. This points the way to a deeper understanding of nature, where meaning has a fundamental role to play that is invisible to quantitative science.

  20. Beyond Reductionism Twice: No Laws Entail Biosphere Evolution, Formal Cause Laws Beyond Efficient Cause Laws

    CERN Document Server

    Kauffman, Stuart

    2013-01-01

    Newton set the stage for our view of how science should be done. We remain in what I will call the `Newtonian Paradigm' in all of physics, including Newton, Einstein, and Schrodinger. As I will show shortly, Newton invented and bequeathed to us `efficient cause entailing laws' for the entire becoming of the universe. With Laplace this became the foundation of contemporary reductionism in which all that can happen in the world is due to efficient cause entailing laws. More this framework stands as our dominant way to do science. The Newtonian Paradigm has done enormous work in science, and helped lead to the Industrial Revolution, and even our entry into Modernity. In this paper I propose to challenge the adequacy of the Newtonian Paradigm on two ground: 1) For the evolution of the biosphere beyond the watershed of life, we can formulate no efficient cause entailing laws that allow us to deduce the evolution of the biosphere. A fortiori, the same holds for the evolution of the economy, legal systems, social sy...

  1. KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

    Directory of Open Access Journals (Sweden)

    Made Hendra Wijaya

    2013-11-01

    Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

  2. Application of Ranganathans Laws to the Web

    Directory of Open Access Journals (Sweden)

    Fatemeh Amoohosseini

    2006-10-01

    Full Text Available This paper analyzes the Web and raises a significant question: Does the Web save the time of the users? This question is analyzed in the context of Five Laws of the Web. What do these laws mean? The laws are meant to be elemental, to convey a deep understanding and capture the essential meaning of the World Wide Web. These laws may seem simplistic, but in fact they express a simple, crystal-clear vision of what the Web ought to be. Moreover, we intend to echo the simplicity of Ranganathans Five Laws of Library Science which inspired them

  3. Application of Ranganathan's Laws to the Web

    Directory of Open Access Journals (Sweden)

    Alireza Noruzi

    2004-12-01

    Full Text Available This paper analyzes the Web and raises a significant question: "Does the Web save the time of the users?" This question is analyzed in the context of Five Laws of the Web. What do these laws mean? The laws are meant to be elemental, to convey a deep understanding and capture the essential meaning of the World Wide Web. These laws may seem simplistic, but in fact they express a simple, crystal-clear vision of what the Web ought to be. Moreover, we intend to echo the simplicity of Ranganathan's Five Laws of Library Science which inspired them.

  4. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  5. Optimum PN Guidance Law for Maneuvering Target

    Institute of Scientific and Technical Information of China (English)

    SUN Bao-cai; QI Zai-kang

    2007-01-01

    An optimum PN guidance law for maneuvering target is developed using optimal control theory. By estimating the target position and setting the cost function, the guidance law can be deduced even without knowing the missile lateral acceleration. Since the quadratic cost function can make a compromise between the miss distance andthe control constraint, the optimum guidance law obtained is more general. Also, introduced line of sight rate as the input, a practical form of this guidance law is derived. The simulation results show the effectiveness of the guidance laws.

  6. Property Law Enacted for People's Wellbeing

    Institute of Scientific and Technical Information of China (English)

    SONG WENTING

    2007-01-01

    @@ On the morning of March 16,2007 the 10th National People's Congress passed the Property Law of the People's Republic of China (referred to as the Property Law below) with a majority of votes. Having gone through 13 years of deliberations and discussions, this law sets a record in China's legislation history as a single bill that has gone through the greatest number of examinations. Enactment of the law has great significance for China's economic reforms, the effort to make China a role of law country and the safeguarding of people's interests.

  7. On the Antitrust Enforcement System and the Realization in China%论反垄断法的私人执行制度及在我国的实现

    Institute of Scientific and Technical Information of China (English)

    李峰

    2011-01-01

    The execution of antimonopoly law includes both public execution and personal execution.Personal execution could make up for the weakness of public execution,but also it has its own advantages,it is indispensable to the execution system of antimonopoly.This paper attempts to define the conception of the personal execution,and determine the function of the private execution and the rules of the execution of the anti-monopoly law in foreign countries,meanwhile the writer gives his advice for the improvement of the execution of antimonopoly law.%反垄断法的执行既包括公共执行,又包括私人执行。私人执行能够弥补公共执行的不足,又具有自身的优势,是反垄断执行的不可缺少的一项制度。本文试图从反垄断私人执行内涵的界定,私人执行具有的功能,私人执行的域外规定等方面对私人执行制度进行论述,同时吸取国外的相关经验,对我国反垄断私人执行制度的完善提出自己的建议。

  8. The girl child and law.

    Science.gov (United States)

    Jain, A

    1995-01-01

    This article discusses the flaws in India's legislation dealing with female children and equality, marriage age, rape, adoption, child care, and inheritance. India's national policies treat children as commodities and not human beings with their own rights. The best interests of a child are not generally served in a manner that advances their welfare. Exploitation of children for labor and sexual abuse of children is widespread. Only some children have such basic needs met as education, nutrition, food, health, clothing, shelter. Children are defined by the UN as human beings below the age of 18 years. However, in India the Constitution protects only children younger than 14 in employment. The prostitution act protects children younger than 16. The juvenile justice protects girls under the age of 18 years and boys under the age of 16 years. Hindus recognize inheritance of family property only for sons. This custom contributes to the abortion of female fetuses. The practice of equal protection under the law has enough loopholes to safeguard the interests of masculine patriarchal values, norms, and structure. The Act of Marriage does not deal directly with the issue of validity and only recommends a suitable age of marriage. Women can seek divorce on the grounds she was too young to marry only if the marriage occurred before the age of 15 years. Sexual intercourse with a woman under 16 years old is rape, with or without her consent. However, in practice men receive a lesser punishment for rape if the woman is his own wife and not under 12 years of age. The rape must be reported within a year of its occurrence. India's laws penalize the adults involved in child marriages, but the Hindu Marriage Act punishes only the parties married, including the child. Marriage registration is not compulsory. India's protective laws distinguish between prostitutes and men who use prostitutes, husbands versus wives in fidelity disputes, married versus unmarried or "unchaste" women

  9. Enforcing women's rights through law.

    Science.gov (United States)

    Cook, R J

    1995-06-01

    Because women have to be equal partners in development to insure its sustainability, the human rights of women must be foremost on development agendas. Ratification of and adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) would be a powerful international tool in this regard. In various countries, progress towards legalizing rights for women is passing through a first stage which focusses on the protection of specific rights to a second stage in which sex is included as a prohibited ground of discrimination to a third stage which addresses the pervasive and structural nature of the violation of women's rights. It is expected that governments will renew their commitment to the Women's Convention at the Fourth World Conference on Women (WCW) and, thus, take more seriously their obligations to report progress and remove reservations. Regional initiatives, such as the Organization of American States' 1994 Convention on the Prevention, Punishment, and Eradication of Violence Against Women, can also be used to protect women's rights, and the application of national constitutions and domestic laws remains the first line of defence for women. Particular attention must be paid to laws which apply to property rights, nationality, equality within the family, reproductive and other health issues, and violence against women. The Draft Plan of Action prepared for the WCW challenges states to specify their plans to eliminate discrimination. While this Plan may prove to lack vision, women's nongovernmental organizations are playing a major role in accelerating the movement of international and domestic law towards justice for women.

  10. Law and Literature: a theoretical perspective

    Directory of Open Access Journals (Sweden)

    Lorenzo Zolezzi Ibárcena

    2013-12-01

    Full Text Available While most of the Law and Literature books and articles stress from the beginning the distinction between Law in Literature and Law as Literature, my approach is from the standpoint of Law teaching. A course on Law and Literature will help the students not only to write better, but it may convey the students facts that surround the work of the formal legal systemas the human condition or the legal culture, as well as a legal perspective thatis, so to speak, engraved in the human mind. The so-called didactic school is treated and criticized. The distinction between Law in Literature and Law as Literature cuts across the whole work.

  11. Cybercrime and the Law: An Islamic View

    Directory of Open Access Journals (Sweden)

    Mansoor Al-A'ali

    2007-10-01

    Full Text Available E-crime today presents one of the major challenges to law enforcement. Information technology is facing waves of laws guarding the interest of people using the Web technology. These laws were derived from the common laws and legislations applied in general crimes. With over one billion Muslims in this world, several calls were raised in the Islamic countries to establish a law suitable to handle computer crimes which matches the Islamic Shar'iah law. In this research, we have analyzed the 'Adellah' (الأدلة (Shar'iah Evidences of Quran, Hadith and Imams sayings to verify the outlook of Islam in computer crime. We propose an introductory computer crime law from an Islamic point of view which we believe will initiate further research in this important field.

  12. Environmental Laws and Sustainability: An Introduction

    Directory of Open Access Journals (Sweden)

    John C. Dernbach

    2011-03-01

    Full Text Available In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national legal structure for sustainability, the importance of sustainability assessment tools and institutions before and after laws are adopted, and the importance of “soft” law.

  13. A Battle between Airbags and Law

    Institute of Scientific and Technical Information of China (English)

    李晓郛

    2009-01-01

    @@ I Troublesome Relationship Law has had a long-term and troubled relationship with scionce.The misuse of science within the legal realm.as well as our failed attempts to make law more scientific.iS well documented.The cause of these problems.however,is less clear.People are confosed about the reasons.As I mention later,I would like to consider that the unsatisfying relationship between law and science can be attributed.at least in part,towards law's inadequate anderstanding of what constitutes science and law's inflated view of the potential benefits of science for law.In a fast-race development society,it is our failure to understand what science knows about its own enterprise.as well as our fervent hope that law could be something other than it is.which leads us astray,especially in the field of security standard.

  14. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-05-01

    Full Text Available Henry's law constants (HLC are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. Depending on the case, infinite dilution activity coefficients (IDACs, solid state pressures or activity coefficient ratios are obtained as intermediary results. For most compounds, these are the first values reported, while others compare favourably with literature data in most cases. Using these values and those from a previous work (Compernolle and Müller, 2014, an assessment is made on the partitioning of polyols, diacids and hydroxy acids to droplet and aqueous aerosol.

  15. Labor Contract Law Vs. Employment

    Institute of Scientific and Technical Information of China (English)

    Qin Liang; Wang Ting

    2009-01-01

    @@ In Oct 2005, an IT company in Beijing signed one-year labor contracts with several employees, and they renewed the contracts in Oct 2006. When the contracts came to the end in Oct 2007, the company rejected to renew the contracts, but asked the employees to contract with an as-sociated company. The employees rejected this, but the practical labor relationship continued. Meanwhile, the company was in arrears of em-ployees' salaries, and didn't make full pay of the mandatory social insurance forced by national laws, even peculated the housing fund withheld from employees' salaries.

  16. Weyl law for fat fractals

    CERN Document Server

    Spina, Maria E; Saraceno, Marcos

    2010-01-01

    It has been conjectured that for a class of piecewise linear maps the closure of the set of images of the discontinuity has the structure of a fat fractal, that is, a fractal with positive measure. An example of such maps is the sawtooth map in the elliptic regime. In this work we analyze this problem quantum mechanically in the semiclassical regime. We find that the fraction of states localized on the unstable set satisfies a modified fractal Weyl law, where the exponent is given by the exterior dimension of the fat fractal.

  17. A linear Fick's law calorimeter

    Science.gov (United States)

    Alpert, Seymour S.; Bryant, Pat D.; Woodside, William F.

    1982-10-01

    A small animal calorimeter is described that is based on the direct application of Fick's law. Heat flow is channeled through a circular disk of magnesium and the temperature difference between the inside and outside surface of the disk is detected by means of solid-state temperature transducers. The device is calibrated using a light-weight electrical resistive source and is shown to be linear in its response and to have an e-folding time of 4.8 min. A rat was introduced into the calorimeter and its heat energy expenditure rate was observed in both the sedated and unsedated states.

  18. Decision, Transaction, Law and Contract

    DEFF Research Database (Denmark)

    Koch, Carsten Allan

    Copy from ”Preface to Post Doctoral Dissertation” ”Decision, transaction, law and contract” The period since 1970 has witnessed an explosion in contributions to what is now often referred to as the new institutional economics. One of the most influential (but also most atypical) of these approaches...... against opportunistic behaviour. This may seem like a considerable narrowing of the issues dealt with by the theory. As will be demonstrated, however, all of the behavioural assumptions and the factors or dimensions of transactions considered in the traditional analyses can be covered within...

  19. Inheritance Rights Under Chinese Law

    Institute of Scientific and Technical Information of China (English)

    2000-01-01

    FIFTY-five-year-old Li Xiuhua is a rural woman, whose husband died, leaving her two sons and a daughter, who had all been married. In the past several years, Li Xiuhua and her husband worked very hard and earned a considerable sum of money through pig and rabbit raising. Besides a new house worth 50,000 yuan, they also had a deposit of 100,000 yuan in the bank. After her husband's death, Li Xiuhua's parents-in-law told her that the new house and all the savings would belong to them and their grandchildr...

  20. Biopolitics rudiments in Roman Law

    Directory of Open Access Journals (Sweden)

    Miguel Régio de Almeida

    2014-12-01

    Full Text Available This article proposes a jurisprudential and philosophical reflection on Biopolitics in Roman Law, based on juridical figures such as sacred men, aliens, slaves and iustitium. Working at the edge of roman society, they represent a relation of inclusion or tolerance in a World centred on its citizens, which led to a state of exception or to integration modes of this marginality. Lessons for the present time can still be learned from this dynamic, when a new ius commune is proposed.http://dx.doi.org/10.14195/2183-1718_66_11

  1. Baseline LAW Glass Formulation Testing

    Energy Technology Data Exchange (ETDEWEB)

    Kruger, Albert A. [USDOE Office of River Protection, Richland, WA (United States); Mooers, Cavin [The Catholic University of America, Washington, DC (United States). Vitreous State Lab.; Bazemore, Gina [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Pegg, Ian L. [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Hight, Kenneth [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Lai, Shan Tao [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Buechele, Andrew [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Rielley, Elizabeth [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Gan, Hao [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Muller, Isabelle S. [The Catholic University of America, Washington, DC (United States). Vitreous State Lab; Cecil, Richard [The Catholic University of America, Washington, DC (United States). Vitreous State Lab

    2013-06-13

    The major objective of the baseline glass formulation work was to develop and select glass formulations that are compliant with contractual and processing requirements for each of the LAW waste streams. Other objectives of the work included preparation and characterization of glasses with respect to the properties of interest, optimization of sulfate loading in the glasses, evaluation of ability to achieve waste loading limits, testing to demonstrate compatibility of glass melts with melter materials of construction, development of glass formulations to support ILAW qualification activities, and identification of glass formulation issues with respect to contract specifications and processing requirements.

  2. Patent Law for Computer Scientists

    Science.gov (United States)

    Closa, Daniel; Gardiner, Alex; Giemsa, Falk; Machek, Jörg

    More than five centuries ago the first patent statute was passed by the Venetian senate. It already had most of the features of modern patent law, recognizing the public interest in innovation and granting exclusive right in exchange for a full disclosure. Some 350 years later the industrial revolution led to globalisation. The wish to protect intellectual property on a more international level evolved and supranational treaties were negotiated. Patent laws are still different in many countries, however, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices. The procedures at the USPTO, JPO and EPO and, in particular, the differences in the treatment of applications centring on software are briefly explained. In later sections of this book, a wealth of examples will be presented. The methodology behind the treatment of these examples is explained.

  3. New law on Swiss nationality

    CERN Multimedia

    2015-01-01

    CERN has recently been informed by the Swiss authorities that the Swiss Parliament adopted a new law on Swiss nationality in June 2014, which is due to enter into force in the autumn of 2016.   Under the new law, naturalisation can be granted only if the following conditions are met at the time of application: 1. the applicant must hold a settlement permit (autorisation d’établissement or permis C); and 2. the applicant must supply proof that he or she has resided in Switzerland for a total of ten years, including during three of the five years preceding the application (see Article 9 below). For the purposes of calculating the length of residence in Switzerland, any period of residence as a holder of a residence or settlement permit (autorisation de séjour or autorisation d’établissement), a temporary admission document (admission provisoire), or a legitimation card (carte de légitimation) issued by the DFAE will be taken...

  4. Aktuelles Vaterschaftsrecht Current Paternity Law

    Directory of Open Access Journals (Sweden)

    Silvia C. Groppler

    2004-07-01

    Full Text Available Das Fachbuch enthält eine sehr vollständige Übersicht über die Entwicklung und die derzeitige rechtliche Situation im Bereich der Vaterschaftsfeststellung und -anfechtung. Das Buch ist in erster Linie für Praktiker/-innen geschrieben, also insbesondere für Familienrichter/-innen, Jugend- und Standesämter sowie für Anwälte und Anwältinnen, die auf dem Gebiet des Vaterschaftsrechts tätig sind. Es ist aber auch geeignet für all diejenigen, die juristisch mit Vaterschaftsproblemen zu tun haben und sich einen fundierten Überblick verschaffen wollen bzw. das Buch als Nachschlagewerk zu einzelnen Problemfeldern des Vaterschaftsrechts nutzen wollen.This specialized book contains a complete overview of the development and current legal situation in the area of the determination and contestation of paternity. The book is primarily written for practitioners, especially for family judges, youth and registry offices, as well as for male and female lawyers who work in the field of paternity law. But it is also suitable for those who deal with legal paternity problems and would like to gain a sound overview, i.e. would like to use the book as a reference work for specific problem areas of paternity law.

  5. Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-15

    Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.

  6. Magna Carta And The Roman Law Tradition

    Directory of Open Access Journals (Sweden)

    Mehmeti Sami

    2015-12-01

    Full Text Available Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.

  7. Scaling Laws for Mesoscale and Microscale Systems

    Energy Technology Data Exchange (ETDEWEB)

    Spletzer, Barry

    1999-08-23

    The set of laws developed and presented here is by no means exhaustive. Techniques have been present to aid in the development of additional scaling laws and to combine these and other laws to produce additional useful relationships. Some of the relationships produced here have yielded perhaps surprising results. Examples include the fifth order scaling law for electromagnetic motor torque and the zero order scaling law for capacitive motor power. These laws demonstrate important facts about actuators in small-scale systems. The primary intent of this introduction into scaling law analysis is to provide needed tools to examine possible areas of the research in small-scale systems and direct research toward more fruitful areas. Numerous examples have been included to show the validity of developing scaling laws based on first principles and how real world systems tend to obey these laws even when many other variables may potentially come into play. Development of further laws may well serve to provide important high-level direction to the continued development of small-scale systems.

  8. On the origins of the Mendelian laws.

    Science.gov (United States)

    Monaghan, F; Corcos, A

    1984-01-01

    The two laws usually attributed to Mendel were not considered as laws by him. The first law, the law of independent segregation occurs in Mendel's paper as an assumption or hypothesis. Hugo de Vries refers to this as a law discovered by Mendel. This appears to be the first use of an expression equivalent to Mendel's law. In his paper de Vries did not associate the observable characters with structures having a causitive role. That was done by Correns, who transformed the law of segregation of characters into a law of the segregation of anlagen. The second law, the law of independent assortment, is present in embryonic form in Mendel's paper. Here the independent assortment of characters appears as a secondary conclusion to a series of experiments involving several pairs of traits. Mendel repeats the primary conclusion later in the paper but not the secondary one. This leads us to believe that he considered the secondary conclusion as of lesser importance. We note in this context that the 9:3:3:1 ratio commonly associated with the idea of independent assortment, and attributed to Mendel, also does not occur in his paper. A careful reading of the papers of his discoverers shows it was Correns who first drew attention to this ratio. However, he did not formulate the second Mendelian law even though it was clearly implied. Neither was it stated by de Vries. Indeed, the first clear separation of the two laws and the naming of the second law was by T. H. Morgan some 13 years later.

  9. Law and Gospel or Gospel and Law? Karl Barth, Martin Luther and John Calvin

    Directory of Open Access Journals (Sweden)

    I. John Hesselink

    2012-05-01

    Full Text Available For Calvin the order of the law-gospel relation may be put this way: Law of creation (natural law – revealed law (the law of Moses – the gospel – the gracious law (third use as a norm and guide for believers. The same outline would follow for Luther except that the third or positive use of the law plays a minor role in his thinking. On the surface Barth would seem to have more affinity with Calvin but the differences are significant because of Barth’s rejection of any notion of the antithesis of law and gospel and his subsuming the law in all its functions under God’s grace.

  10. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  11. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases......

  12. European Energy Law. Report III

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2006-07-01

    The European Energy Law Report III presents an overview of the most important legal developments in the field of EU and national energy law as discussed at the 2005 European Energy Law Seminar. It examines the Commission's recent progress report on the implementation of the 2003 energy directives, its sector inquiry regarding competition conditions in the energy markets, and its recent policy on vertical and conglomerate mergers in the light of its ongoing concern as to the increased levels of concentration in Europe's energy markets. The investigation of the Bundeskartellamt in Germany concerns the role of long-term downstream gas supply agreements in a liberalised market. Regulators are increasingly confronted with the need to secure the quality of electricity supply in a competitive market. After an analysis of how electricity distribution companies can be regulated with respect to quality of supply, separate chapters from Italy and the Netherlands discuss national developments in detail. The role of LNG is increasing in the European gas market. The book discusses the main components of the short-term LNG sale and purchase agreements, the rules regarding non-discriminatory access to existing regasification terminals as well as the establishment of new LNG import terminals in the EU and the extent to which such installations can be exempted from the applicable regime on regulated third-party access. The book examines several legal developments regarding energy infrastructure. Whereas the 2003 energy directives provide for a legal unbundling of the downstream energy transmission and distribution companies, some Member States (Denmark and the Netherlands) go beyond this requirement and have introduced ownership unbundling in order to guarantee the establishment of an independent system operator. Recent developments in the North Sea include the establishment of a Framework Agreement, aiming at a simplification of rules and procedures for new projects

  13. Human Dignity and the Rule of Law

    Directory of Open Access Journals (Sweden)

    Stephen Riley

    2015-07-01

    Full Text Available The rule of law denotes an expectation of non-arbitrary governance.  It also invokes law’s distinctive characteristics: formality, institutional independence, and authority.  Taken together with a basic conception of the person, the rule of law can be treated as ‘good governance consistent with human rationality or agency’ and is often associated with human dignity.  On the view defended here human dignity in conjunction with the rule of law makes additional, specific, demands on legal systems, namely the reconciliation of the ‘normative holism’ of law (its regulatory reach with permissive, ‘anthropological’, demands.  This line of enquiry provides us with both a distinctive understanding of human dignity and an understanding of law that is normative but still closely related to the formal virtues implied by the rule of law.

  14. Enhancing public health law communication linkages.

    Science.gov (United States)

    Silverman, Ross D

    2008-01-01

    Although interest in the field of public health law has dramatically increased over the past two decades, there remain significant challenges in communicating and sharing public health law-related knowledge. Access to quality information, which may assist in a public health department's efforts to protect the public's health, welfare, and safety, varies widely from jurisdiction to jurisdiction, and interjurisdictional communication remains at best a patchwork quilt with many holes. What follows is an analysis of several approaches the Public Health Law Association or other public health law-related organizations might undertake to serve as a conduit for the identification, gathering, and dissemination of extant public health law information, as well as the development of new public health law-related content, with a particular focus on the use of electronic means for such efforts.

  15. Teaching the third law of thermodynamics

    CERN Document Server

    Klimenko, A Y

    2012-01-01

    This work gives a brief summary of major formulations of the third law of thermodynamics and their implications, including the impossibility of perpetual motion of the third kind. The last sections of this work review more advanced applications of the third law to systems with negative temperatures and negative heat capacities. The relevance of the third law to protecting the arrow of time in general relativity is also discussed. Additional information, which may useful in analysis of the third law, is given in the Appendices. This short review is written to assist lecturers in selecting a strategy for teaching the third law of thermodynamics to engineering and science students. The paper provides a good summary of the various issues associated with the third law, which are typically scattered over numerous research publications and not discussed in standard textbooks.

  16. Snell's law and walking droplets

    Science.gov (United States)

    Bush, John; Pucci, Giuseppe; Aubin, Benjamin; Brun, Pierre-Thomas; Faria, Luiz

    2016-11-01

    Droplets walking on the surface of a vibrating bath have been shown to exhibit a number of quantum-like features. We here present the results of a combined experimental and theoretical investigation of such droplets crossing a linear step corresponding to a reduction in bath depth. When the step is sufficiently large, the walker reflects off the step; otherwise, it is refracted as it crosses the step. Particular attention is given to an examination of the regime in which the droplet obeys a form of Snell's Law, a behavior captured in accompanying simulations. Attempts to provide theoretical rationale for the dependence of the effective refractive index on the system parameters are described. Supported by NSF through CMMI-1333242.

  17. Cacti and filtered distributive laws

    CERN Document Server

    Dotsenko, Vladimir

    2011-01-01

    Motivated by the second author's construction of a classifying space for the group of pure symmetric automorphisms of a free product, we introduce and study a family of topological operads, the operads of based cacti, defined for every pointed topological space $(Y,\\bullet)$. These operads also admit linear versions, which are defined for every augmented graded cocommutative coalgebra $C$. We show that the homology of the topological operad of based $Y$-cacti is the linear operad of based $H_*(Y)$-cacti. In addition, we show that for every coalgebra $C$ the operad of based $C$-cacti is Koszul. To prove the latter result, we use the criterion of Koszulness for operads due to the first author, utilising the notion of a filtered distributive law between two quadratic operads. We also present a new proof of that criterion which works over the ground field of arbitrary characteristic.

  18. Cosmic backreaction and Gauss's law

    CERN Document Server

    Fleury, Pierre

    2016-01-01

    Cosmic backreaction refers to the general question of whether a homogeneous and isotropic cosmological model is able to predict the correct expansion dynamics of our inhomogeneous Universe. One aspect of this issue concerns the validity of the continuous approximation: does a system of point masses expand the same way as a fluid does? This article shows that it is not exactly the case in Newtonian gravity, although the associated corrections vanish in an infinite Universe. It turns out that Gauss's law is a key ingredient for such corrections to vanish. Backreaction therefore generically arises in alternative theories of gravitation, which threatens the trustworthiness of their cosmological tests. This phenomenon is illustrated with a toy-model of massive gravity.

  19. Risk relativism and physical law.

    Science.gov (United States)

    Broadbent, Alex

    2015-01-01

    In two 1959 papers, one coauthored, Jerome Cornfield asserts that 'relative' measures are more useful for causal inference while 'absolute' measures are more useful for public health purposes. In one of these papers (the single-authored one), he asks how epidemiology should respond to the fact that its domain is not a highly 'articulated' one-it is not susceptible to being subsumed under general laws. What is the connection between these issues? There has recently been some backlash against 'risk relativism', and Charles Poole has recently dismantled the mathematical argument for the first claim. However the problem with 'Cornfield's Principle' seems to go much deeper. The whole attempt to partition measures into absolute and relative is fundamentally mistaken. Why, then, has it seemed so appealing? Perhaps one reason is the influence that early education in the physical sciences continues to exert on the way epidemiologists think, and their response to the low articulation of their domain of study.

  20. Workers' compensation law: an overview.

    Science.gov (United States)

    Yorker, B

    1994-09-01

    1. The workers' compensation system provides benefits to workers who are injured or made ill in the course of employment or their dependents regardless of fault. 2. The current workers' compensation laws benefit both the employer and the employee; however, workers' compensation is an exclusive remedy which bars recovery through a negligence lawsuit. 3. Workers' compensation regulations interact with other federal statutes such as the Americans With Disabilities Act and the Family Medical Leave Act. 4. Workers' compensation covers occupational injuries and occupational diseases, which may include cumulative trauma and mental stress claims. Nurses may be instrumental in evaluating and planning for an injured employee's return to work and occasionally in detecting fraudulent claims.

  1. Complicity in International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2014-01-01

    Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage...... in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form...... or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise....

  2. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-12-01

    Full Text Available Henry's law constants (HLC are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. While deriving HLC and depending on the case, also infinite dilution activity coefficients (IDACs, solid state vapour pressures or activity coefficient ratios are obtained as intermediate results. An error analysis on the intermediate quantities and the obtained HLC is included. For most compounds, these are the first values reported, while others compare favourably with literature data in most cases. Using these values and those from a previous work (Compernolle and Müller, 2014, an assessment is made on the partitioning of polyols, diacids and hydroxy acids to droplet and aqueous aerosol.

  3. Discovering the laws of urbanisation

    CERN Document Server

    Simini, Filippo

    2015-01-01

    In 2012 the world's population exceeded 7 billion, and since 2008 the number of individuals living in urban areas has surpassed that of rural areas. This is the result of an overall increase of life expectancy in many countries that has caused an unprecedented growth of the world's total population during recent decades, combined with a net migration flow from rural villages to urban agglomerations. While it is clear that the rate of natural increase and migration flows are the driving forces shaping the spatial distribution of population, a general consensus on the mechanisms that characterise the urbanisation process is still lacking. Here we present two fundamental laws of urbanisation that are quantitatively supported by empirical evidence: 1) the number of cities in a country is proportional to the country's total population, irrespective of the country's area, and 2) the average distance between cities scales as the inverse of the square root of the country's population density. We study the spatio-temp...

  4. Abortion law reform in Nepal.

    Science.gov (United States)

    Upreti, Melissa

    2014-08-01

    Across four decades of political and social action, Nepal changed from a country strongly enforcing oppressive abortion restrictions, causing many poor women's long imprisonment and high rates of abortion-related maternal mortality, into a modern democracy with a liberal abortion law. The medical and public health communities supported women's rights activists in invoking legal principles of equality and non-discrimination as a basis for change. Legislative reform of the criminal ban in 2002 and the adoption of an Interim Constitution recognizing women's reproductive rights as fundamental rights in 2007 inspired the Supreme Court in 2009 to rule that denial of women's access to abortion services because of poverty violated their constitutional rights. The government must now provide services under criteria for access without charge, and services must be decentralized to promote equitable access. A strong legal foundation now exists for progress in social justice to broaden abortion access and reduce abortion stigma.

  5. The iron law of politics.

    Science.gov (United States)

    Salzman, Philip Carl

    2004-09-01

    Political philosophers have doubted the compatibility of various major values, such as equality and freedom. Ethnographic and historical evidence has indicated the presence of (1) economic equality and individual freedom in the absence of civil peace in segmentary societies based on self-help; (2) economic equality and civil peace in the absence of individual freedom in corporate societies; and (3) individual freedom and civil peace in the absence of economic equality in mercantile and capitalist societies. However, little if any evidence has documented all three -- economic equality, individual freedom, civil peace -- in stable coexistence. By way of delineating the relations between and among the values in question, I offer "The Iron Law of Politics," which asserts that economic equality, individual freedom, and civil peace cannot all exist simultaneously in any society, although any two of the three can.

  6. Can law make life too simple?

    DEFF Research Database (Denmark)

    Sommer, Tine

    At the heart of this doctoral thesis are the challenges to modern patent law, particularly from the rapid developments in biotechnology. This book focuses on human gene patents, patents in the animal world, and the pressures put on the patent system by the climate change debate. However, the title...... looks at patent law from a multilevel and fragmented perspective, including taking a critical view of the increasing involvement of the EU in procedural and substantive patent law....

  7. Meaning of Cantract Law in Electronic Commerce

    OpenAIRE

    Muliuolienė, Jūratė

    2006-01-01

    The present Master’s Work “Importance of Contract Law in Electronic Commerce” explores legal regulations of electronic commerce in comparison to traditional legal regulation in Lithuania and foreign countries. Comparative analysis is focused on the significance of contract law in regulation of legal terms in electronic space. Comparative analysis of legal regulation of contract law and electronic commerce is carried out by the following aspects: concepts of contract and electronic transaction...

  8. DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

    OpenAIRE

    Catalina-Adriana Ivanus

    2013-01-01

    The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, fo...

  9. Abortion laws in African Commonwealth countries.

    Science.gov (United States)

    Cook, R J; Dickens, B M

    1981-01-01

    This paper provides an overview of the range of current (1981) abortion laws in the African Commonwealth countries, traces the origins of the laws to their colonial predecessors, and discusses legal reform that would positively provide for legal termination of pregnancy. The authors claim that the range of these laws demonstrates an evolution that leads from customary/common law (Lesotho and Swaziland) to basic law (Botswana, The Gambia, Malawi, Mauritius, Nigeria's Northern States and Seychelles) to developed law (Ghana, Kenya, Nigeria's Southern States, Sierra Leone, and Uganda), and, finally, to advanced law (Zambia and Zimbabwe). The authors call for treating abortion as an issue of health and welfare as opposed to one of crime and punishment. Since most of the basic law de jure is treated and administered as developed law de facto, the authors suggest decriminalizing abortion and propose ways in which to reform the law: clarifying existing law; liberalizing existing law to allow abortion based upon certain indications; limiting/removing women's criminal liability for seeking an abortion; allowing hindsight contraception; protecting providers treating women in good faith; publishing recommended fees for services to protect poor women; protecting providers who treat women with incomplete abortion; and punishing providers who fail to provide care to women in need, with the exception of those seeking protection under a conscience clause. The authors also suggest clarifying the means by which health services involving pregnancy termination may be delivered, including: clarification of the qualifications of practitioners who may treat women; specification of the facilities that may treat women, perhaps broken down by gestational duration of the pregnancy; specifying gestational limits during which the procedure can be performed; clarifying approval procedures and consents; and allowing for conscientious objections to performing the procedure.

  10. Competition law and the obligation to supply

    DEFF Research Database (Denmark)

    Bergqvist, Christian

    2015-01-01

    While accepted in theory and practice that an obligation to supply, ser-vice or license can emerge under competition law, the scope of this is subject to many, if not lacunas, at least ambiguities, and no general ob-li¬gations of such nature can, no should, be identified. Further, and equally.......g. compulsory licenses un-der IP law. Below, some considerations regarding the obligation to supply under competition law are offered for the purpose of correcting the misunderstandings....

  11. On the Western Conception of Natural Law

    Institute of Scientific and Technical Information of China (English)

    HUANG Song; YU Yu-he

    2004-01-01

    Natural law is an important concept of the Westem political culture. The author makes a simple investigation into the various definitions of natural law, based on which he comes to the conclusion that natural law is a key concept of Western political culture; that it is a moral norm of politics as well as a product of rational thinking; and that its meaning has varied over time.

  12. Hyperbolic conservation laws and numerical methods

    Science.gov (United States)

    Leveque, Randall J.

    1990-01-01

    The mathematical structure of hyperbolic systems and the scalar equation case of conservation laws are discussed. Linear, nonlinear systems and the Riemann problem for the Euler equations are also studied. The numerical methods for conservation laws are presented in a nonstandard manner which leads to large time steps generalizations and computations on irregular grids. The solution of conservation laws with stiff source terms is examined.

  13. A Logical Model of Private International Law

    Science.gov (United States)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  14. The second law of blackhole dynamics

    CERN Document Server

    Kabe, Koustubh Ajit

    2010-01-01

    In this paper, the non-generalized or restricted second law blackhole dynamics as given by Bekenstein in the beginning is restated, with a rigid proof, in a different form akin to the statement of the second law of thermodynamics given by Clausius. The various physical possibilities and implications of this statement are discussed therein. This paper is a mere venture into the restricted second law of blackhole dynamics pertaining to blackholes emitting Hawking radiation. The paper thus considers a didactically interesting reformulation of the second law of blackhole thermodynamics after some revisions.

  15. True reason for Zipf's law in language

    Science.gov (United States)

    Dahui, Wang; Menghui, Li; Zengru, Di

    2005-12-01

    Analysis of word frequency have historically used data that included English, French, or other language, data typically described by Zipf's law. Using data on traditional and modern Chinese literatures, we show here that Chinese character frequency stroked Zipf's law based on literature before Qin dynasty; however, it departed from Zipf's law based on literature after Qin dynasty. Combined with data about English dictionaries and Chinese dictionaries, we show that the true reason for Zipf's Law in language is that growth and preferential selection mechanism of word or character in given language.

  16. The Voice of the Law in Transition

    Directory of Open Access Journals (Sweden)

    Rafiqa Qurrata A'yun

    2015-08-01

    Full Text Available It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian language of the law which has replaced the Dutch language. Massier criticize instrumental approach to language and the impact of Dutch in Indonesian law language. His analysis refers to James Boyd White's statement about a translation of authoritative texts as the primary feature to define law itself. It is the perspective of doing law as a lingual activity that consists of communicating, speaking, and writing. Almost all legal processes produce texts, and therefore the text means the authority of the law.

  17. The Concept of Law and International Society

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Hedley Bull, one of the founders of the School of International Society (English School) relies heavily on H.L.A. Hart in his understanding of law, including international law. The contribution seeks to explore 1) how Bull has creatively made use of Hart's Concept of Law, 2) on which points Hart......'s theory has short comings, 3) on which additional points Bull's use of the concept of law has short comings, and 4) sketch of ideas how to improve the various short comings....

  18. Perception of the judiciary law by the law-maker

    Directory of Open Access Journals (Sweden)

    Valeriy V. Lazarev

    2016-01-01

    Full Text Available Objective to develop conceptualtheoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation. Methods universal dialectic method of cognition as well as the general scientific and private research methods based on it. Results the necessity to analyze the fundamental precedent judicial decisions for the possible implementation of the legal positions of courts into legislative acts. The problem is not confined to the perception of provisions created by the constitutional charter courts. The paper shows the main directions of future activities on the implementation idea. The operation of the Department is shown which was created at the Institute for Legislation and Comparative Law at the Government of the Russian Federation entrusted with the relevant functions. Scientific novelty the mechanism of implementation of judiciary decisions in the Russian legislation has been developed and introduced into scientific circulation. Practical significance the findings of this paper can be used in scientific legislative and lawenforcement activities and the educational process of institutions of higher education.

  19. CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

    OpenAIRE

    Éva ERDÕS

    2011-01-01

    This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

  20. Tilsynsdiamanten i spændingsfeltet mellem soft law og hard law

    DEFF Research Database (Denmark)

    Rasmussen, Niels Skovmand

    2013-01-01

    Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law.......Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law....